RAM BAI Vs. STATE & ORS

JUDGEMENT

(1.) The appellant has challenged the acquittal of the accused respondents from offences under Sections 302, 341, 302/34 and 447 I.P.C. by the learned Additional Sessions Judge (Fast Track), Bandikui Head Quarter, Dausa in Sessions Case No.15/09, State Vs. Daya Shanker & Anr. dated 10.05.2011.

(2.) Ram Bai W/o Suraj Mal, the appellant, submitted written report Ext.P1 on 19.03.09 at 2.00 PM to the Incharge Police Station, Lalsot at Lalsot Hospital mentioning therein that on that day at about 12.00 in the afternoon, she was working in their field alongwith her husband, Suraj Mal, and daughter-in-law, Paan Bai. Her husband was collecting wood. In the meantime, Daya Shanker S/o Moti Lal and his mother, Kajodi, resident of Shrima, arrived there and started abusing them. Daya Shanker caught hold of her husband and Kajodi threw a stone which caused an injury on the head of her husband who expired on the spot. Sita Ram and others took her husband to Lalsot Hospital. Her husband was killed by Daya Shanker and Kajodi. On getting the aforesaid written report, an FIR No.163/09 was registered at Police Station, Lalsot under Sections 302 IPC and 341 IPC. The Police conducted investigation. During investigation, a site plan was prepared, and post-mortem of deceased, Suraj Mal, was got conducted. The samples of viscera etc. were sent to FSL. The accused persons were arrested. On the information given by the accused, Daya Shanker, one lathi was recovered. On completion of the investigation, a case was filed against the accused persons and they were committed to stand trial before the Sessions Judge, Dausa. The case was subsequently transferred to the Additional Sessions Judge (Fast Track) Bandikui. Charges for offences under Sections 341, 302, 302/34 and 447 IPC were framed against the accused persons. They pleaded not guilty and claimed trial. The prosecution produced 12 witnesses to support its case and documents Ext.P1 to P14. The accused persons were examined under Section 313 Cr.P.C. and they stated that the prosecution witnesses have made false statements. They produced Badri DW-1 in defence and documents Ext.D1 to D3 were produced. After hearing the parties, the learned Trial Court acquitted the accused persons from offences under Sections 341, 302, 302/34 and 447 IPC. However, Smt. Kajodi was held guilty of offence under Section 325 IPC and sentenced to three years rigorous imprisonment and fine of Rs.10,000/-. In default of payment fine, she was to undergo six months further imprisonment.

(3.) We have heard the learned counsel for the appellant and the public prosecutor.