JOMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the appellants as well as learned Public Prosecutor. This appeal under Sec. 374(2) Cr.P.C. is preferred to question the correctness of the judgment dated 30th November 2004 passed by the learned Additional Sessions Judge, Fast Track No. 1, Sirohi camp at Abu Road in Sessions Case No. 125/2003 (74/2003) - State vs. Joma & others, convicting the accused-appellants - Joma s/o Ladu Grasiya and Kheta s/o Ladu Grasiya for the offence punishable under Sec. 302 read with Sec. 34 IPC and each of the accused-appellants has been sentenced to undergo life imprisonment, along with fine of Rs. 5000/- each and in default of payment whereof to further undergo one year's imprisonment.

(2.) In brief, the facts of the case are that on 18.8.2003 complainant Roopa s/o Bhopa Grasiya, r/o Upla Sabela made an oral report (Ex. P. 11) at 9:30 PM at Police Station- Pindwara, to this effect on that evening around 4:30 PM he, his father Bhopa Ramand grand-father Rataji were taking out stones for construction of house of his uncle Bhoora. There has been old litigation between them and sons of Ladu-Kheta, Khuma, Koosa, Mana, Jomla; who also belong to their family.

(3.) It is alleged that on account of this enmity, all these persons came, armed with sword, lathi, knife etc and assaulted to beat us. As soon they come, these assailants attacked with their weapons to kill my father Bhopa Ram and grand-father Rata, who sustained many wounds. Upon this assault, my grand-father Rata fell down on the spot while my father ran to escape but these persons caught him and further assaulted him, due to which he also suffered many wounds and fell down.