BIRBL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties, for final disposal of the appeal itself.

(2.) This appeal is preferred to question the correctness of the judgment dated 4th August 2006 passed by the learned Additional Sessions Judge, Rajgarh, District-Churu in Sessions Case No. 08/2005- State v. Birbal Ram & another, convicting the appellant-accused Birbal Ram s/o Chuni Ram, by caste-Kumhar, r/o Dhani Kumharan, Tehsil-Taranagar, District- Churu; for the offence punishable under Section 302 IPC and sentenced him to undergo life imprisonment along with fine of Rs. 5000/-, in default of payment whereof to further undergo 10 months' rigorous imprisonment.

(3.) In brief, the facts of the case are that Chuni Ram (PW.1) submitted a written report (Ex. P.1) at Police Station Taranagar, inter alia, alleging that a dispute has been going on between his sons-Birbal Ram and Hasta Ram regarding agriculture land. On 8th March 2005 at about 7 PM a quarrel took place between appellant-Birbal Ram, his wife and his son with wife of Hasta Ram. When Hasta Ram came home in the evening, at that time appellant Birbal Ram, his wife Bhanwari Devi and his son Kalu started beating Hasta Ram with lathis. After some time, Hasta Ram died due to injuries caused by them. It is further alleged that upon hue & cry, the complainant himself and Kesra & Ram Niwas-sons of Hasta Ram had reached there.