BETHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants are aggrieved by the judgment dated 24.7.2008, passed by the Additional Sessions Judge, Bali, District Pali, whereby the learned Judge has convicted them for offences under Sections 304 Part-II and Section 34 IPC and has sentenced them to seven years of rigorous imprisonment each and has imposed a fine of Rs. 1000/- each and has directed them to undergo three months of simple imprisonment in default thereof. Although this case is listed today for suspension of sentence filed by the appellant No. 1, but with the consent of the learned counsel for the parties, this case is being decided finally.

(2.) The brief facts of the case are that on 27.6.2006 Bhima Ram, (P.W. 3), lodged a report with the police station wherein he claimed that he and his father had a farm where they had sowed "Gwar". Around 7.00 a.m., his uncle, Behta Ram, appellant No. 1, his son Singha Ram, appellant No. 2, and Mohan Ram, appellant No. 3 started cultivating their field. When his father, Uda Ram, went to their field and tried to stop them, all the appellants started assaulting his father. When he heard his hue and cry, the complainant rushed to rescue his father. He saw that Singa Ram, had an axe, with which he assaulted his father on his legs; Mohan Ram, also had an axe, in his hand, with which he assaulted his father on his hand; Behta Ram, had a lathi in his hand, with which he assaulted his father on the head.

(3.) On the basis of this report, a formal FIR was registered for offences under Sections 341, 323, 447, 307/34 IPC. However, with the death of Uda Ram, the offence under Section 302 IPC was added. In order to prove its case, the prosecution examined eighteen witnesses and submitted thirteen documents. In turn, the defence examined two witnesses and submitted few documents. After going through the oral and documentary evidence, the learned Judge convicted and sentenced the appellants as aforementioned. Hence, this appeal before this Court.