RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment under appeal is dated 21.7.2005, passed by the learned Additional Sessions Judge (Fast Track) No. 1 Bhilwara, convicting the accused appellant for an offence punishable under Sec. 302 Indian Penal Code and sentencing him to imprisonment for life with a fine of Rs. 2,000.00. In default of payment of fine, further to undergo imprisonment for two months.

(2.) The factual matrix necessary to be noticed is that an F.I.R. (Exhibit P-5) was lodged by Shri Surajmal PW-4, at Police Station Jahajpur on 3.8.2003 at 6 A.M. with an allegation that on 2.8.2003, at about 8 P.M., while he was talking with Bholu, Ranjeet came armed with Bamboo stick and started abusing Bholu. As per the F.I.R., Ranjeet inflicted lathi blow on the head of Surajmal and when he wanted to snatch the lathi, Ranjeet inflicted another blow on his hand. The accused appellant then came and inflicted lathi blow on the head of Bholu. Smt. Nousi, mother of Surajmal and Seema his daughter too arrived on the spot of occurrence. Ugma, the brother of Bholu also came there and rescued Bholu, while going to the hospital at Bhilwara, Bholu died near Mandal.

(3.) On the basis of the information aforesaid, a case was registered and investigation commenced. During the course of investigation, the investigating agency arrested Ranjeet and Ramlal and after usual investigation, submitted a police report as per the provisions of Sec. 173 Crimial P.C. for commission of offences punishable under Sections 341, 323, 302/34 Indian Penal Code against both the accused persons. The trial Judge charged the accused Ranjeet under Sec. 323, 302/34 Indian Penal Code and the accused appellant Ramlal for commission of an offence punishable under Sec. 302 I.P.C.