DHANRAJ & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants (Dhanraj @ Dhanpal and Birdhilal) were prosecuted for committing murder of one Raghuveer, on the night of 6-5-1983 near the house of Dava Gujar in village Gandawad, police station Itawa (Kota). The learned Sessions Judge convicted the appellants under Sec. 304-I read with Sec. 34 Penal Code and sentenced them to six years regorous imprisonment with fine of Rs. 500.00 each, in default of the payment of fine to further undergo three months simple imprisonment.

(2.) Heard learned counsel for the parties, perused the impugned judgment.

(3.) Learned counsel for the appellants...that in this case the allegation against accused-appellants, as per the testimony of the eye witnesses, is that both the appellants inflicted blow on the head of deceased Raghuveer. There is no dispute that the deceased died due to the injuries sustained on his head. Learned counsel, therefore, submits that when the case of the prosecution against both the accused appellants is similar then both the appellants caused injuries on the head of the deceased but the prosecution has failed to explain as to who was the author of the fatal injury. In view of the circumstances learned counsel for the appellants submits that the appellants can be convicted only under Sec. 325 read with section 34 Penal Code and they cannot be convicted for the offence punishable under Sec. 304-I IPC.