RAMKUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Of these matters, Criminal Appeal No.272/2005 has been filed by accused-appellants, namely, Ramkumar and Harikishan, which seeks to challenge judgment and order of learned Additional Sessions Judge (Fast Track) Kishangarhbas, District Alwar, dated 28.01.2005 in Sessions Case No.49/2003, by which they were convicted for offence under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to life imprisonment with fine of Rs.2000.00 each, in default of payment of which, they were further directed to further undergo one year's rigorous imprisonment.

(2.) Facts leading to present appeal are that one Pyarelal submitted a written report on 08.12.2002 to Station House Officer, Police Station Khairthal, Alwar, alleging therein that in the morning of 08.12.2002 at about 6.30 Hrs., he, i.e. the informant, Phoolsingh, Lalaram, Gangaram, Chandram and Ramesh. were going from village Sorkha Khurd to Khairthal for selling their tomato-crop; on the road they were intercepted by Sohanlal, Ramchandra, Harikishan, Ramkumar, Lajja, Anaro, Bimla, Kamla; who were armed with 'lathis', 'pharsis' and 'chantia', started beating them. Complainant had ten thousand rupees with him, which were also snatched by them. All injured were hospitalized in Government Hospital, Kishangarhbas. Action be taken against culprits.

(3.) Police on the basis of aforesaid written report, chalked out a regular First Information Report No.277/2002 for offence under Sections 143, 341, 323 and 379 IPC. During treatment, Phulu @ Phoolchand died on 11.12.2002. Thereafter offences under Sections 302/149, 147 and 148 Penal Code were also added thereto.