DHULA RAM Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by appellants Dhula Ram, Varda Ram and Banshi Lal under Sec. 374 (2) Cr.P.C. being aggrieved of the impugned judgment dtd. 16/3/2019 passed by the learned Additional Sessions Judge No.2, Udaipur in Sessions Case No.39/2017 (387/2015) whereby, they were convicted for the offence under Sec. 302/34 IPC and sentenced to life imprisonment with a fine of Rs.5,000.00 each and in default of payment of fine further to undergo one year's simple imprisonment. Facts in brief:-

(2.) Raju Ram Gameti (PW-4) submitted a written report to the SHO, Police Station Sayra, District Udaipur on 27/8/2015 at 1:30 a.m. alleging inter alia that on the previous night at about 9:30 p.m., he along with his mother Smt. Panki Bai, wife Smt.Suarti Bai and sister Vasani were sitting at their house, waiting for his father Shri Shanker Lal, who was scheduled to return home on that day. While they were waiting for Shanker Lal, they heard noise of a quarrel from outside the house of Dhula Ram, on which, they rushed to that direction and saw that his father Shanker Lal was being assaulted by Dhula Ram, Vardha Rama and Banshi Lal, Residents of Gundali Falla Laka Kolra by lathis, fists and kicks. His father fell down on the ground as a result of the assault. When the informant and his relatives reached the place of incident, the assailants went back into their respective houses. They checked Shanker Lal, who did not respond and had passed away. Numerous injuries were seen on his head, hands, legs and other parts of the body. The informant alleged that the three assailants had beaten and killed his father owing to an old dispute of money. It was further stated in the FIR that his mother, wife and sister had seen the incident. On the basis of the report aforestated, an FIR No. 127/2015 came to be registered at the Police Station Sayra, District Udaipur for the offence under Sec. 302/34 of the IPC. The usual investigation was undertaken. The dead body of Shanker Lal was subjected to postmortem by a Medical Board constituted at Primary Health Officer, Nandeshma, which issued a postmortem report Ex.P/25 wherein, total 12 injuries were noted. These injuries are described hereinbelow for the sake of ready reference.

(3.) The Medical Officers also noted the fact that clotted blood was seen in the coronary artery and the ventricle wall and that necrosis was evident. The Medical Board gave an opinion that cause of death of the victim was cardiac arrest due to multiple injuries all over the body. The accused-appellants were arrested and weapon of offences i.e. lathis and their own blood stained clothes were recovered by the Investigating Officer during investigation. Ultimately, after completing the investigation, a charge sheet came to be filed against the accused-appellants for the offence under Sec. 302/34 IPC in the court concerned.