BHERU Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by appellants Balu and Bheru, convicted by the learned Additional Sessions Judge No.1 Bhilwara, vide judgment dated 17-11-1999 in Sessions Case No. 19/96. The appellant Balu has been convicted for the offence under Sections 302/34, 323 IPC and sentenced to undergo imprisonment for life and fine of Rs. 100/-, in default, to undergo one month simple imprisonment for the offence under Section 302/34, and for the offence under Section 323, has been sentenced to undergo six months simple imprisonment. The appellant Bheru has been convicted for the offence under Sections 302, 323, 325 and 324 IPC, and for the offence under Section 302 sentenced to undergo imprisonment for life and fine of Rs. 100/-, in default to undergo one month simple imprisonment, for offence under Section 325 to undergo three years simple imprisonment and a fine of Rs. 500/- in default to undergo one month simple imprisonment, for the offence under Section 324 IPC, to undergo one year simple imprisonment and fine of Rs. 100/-, in default to undergo 15 days simple imprisonment, for the offence under Section 323 IPC to undergo six months simple imprisonment.

(2.) The brief facts of the case, as appearing from the record, are that on 27-11-1995, on receipt of an information from the Control Room, Bhilwara, the Assistant Sub Inspector, Police Station Kotdi with requisite force, went on the site Holirada of village Aakola at about 11 A.M. and found Laxman lying in injured condition, so also found the deceased Ramchandra lying nearby him. Thereupon, he recorded the statement of Laxman (Ex. P/2), wherein Laxman gave out that at about 4 AM, he and Ramchandra were sleeping after irrigating their filed, Badri and Prabhu were also sleeping under a Neem tree. At that time, he heard some noise of somebody coming from towards the well with a walking stick, thereupon he got up and found that his eldest brother Balu and Balus son Bheru (the two appellants) had come. Bheru was armed with an Axe (Kuihadi) and Balu was having stick. According to Laxman immediately, Balu is said to have given out that Gawan Aagala field is his, and why he (Laxman) is irrigating it. With telling this, both the accused persons caused injuries to him. Thereupon he raised a cry and fell down. Then his brother, the deceased, shouted as to who is there? whereupon the two appellants are said to have attacked him (Ramchandra). Bheru caused injuries with Axe on the head of Ramchandra, and Balu gave 4-5 indiscriminate blows with Lathi to Ramchandra. Ramchandra is alleged to have got up from the cot to save himself, but only after travelling a short distance, fell down. Bheru and Balu being frightened are said to have run away towards the village. Amraram Jat and Fatta Gurjar, who were irrigating the neighbouring field, also came and shouted as to what is the matter, and who are the miscreants? Whereupon, the accused persons took to heels. It was also given out that in an injured condition, he somehow dragged himself to Ramchandra and found him dead. This statement was sent to the Police Station Kotdi for registering a case, thereupon a case under Section 30 2/34 IPC was registered and investigation was undertaken.

(3.) After completing the investigation, challan was filed, against accused appellant Bheru for the offence under Sections 302, 325, 324, 323 IPC, while against accused Balu, for the offence under Sections 302/34, 325, 324, 323 IPC. The accused appellants pleaded not guilty, and claimed trial.