LALARAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 31.7.2004 learned Additional Sessions Judge (Fast Track), Rajsamand, camp Udaipur convicted the accused appellants for an offence punishable under Sec. 302/34 Indian Penal Code and sentenced them to undergo life term imprisonment with a fine of Rs.1000.00 each. In the event of default in payment of fine they were made liable to undergo additional imprisonment for a period of three months. To question correctness of the judgment aforesaid this appeal is preferred.

(2.) The factual matrix necessary to be noticed is that a criminal case was lodged at Police Station Bekaria District Udaipur against the present appellants for commission of offence punishable under Sec. 302/34 Indian Penal Code, by acting upon the information (Ex.P-1) provided by Smt. Kastu Bai (PW-14). As per the information drawn Surtaram, husband of Kastu, went to a "Bhopa" on 24.11.2003 to verify the reason of causing death of his lamb. Kastu (PW-14) while passing through a 'nala' heard some noise and found that Lalaram and Sona were beating her husband Surtaram with axe and lathi. On seeing her, the accused persons fled from the spot. The informant lady then went to her house and returned in morning to the place of occurrence, where dead body of Surtaram was lying.

(3.) During the course of investigation the investigating agency arrested the accused persons and at their instance recovered blood stained axe and a lathi. The axe and the lathi recovered were sent to the Forensic Science Laboratory for their serological examination along with certain other articles including muffler and shrit of the deceased. As per the Forensic Science Laboratory report (Ex.P-22) the axe, lathi, mufler and shrirt were found stained with "B" group of blood. An autopsy was conducted on the body of deceased Surtaram which was having following ante-mortem injuries: