DHANIA @ DHANNARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred to challenge the judgment and order dated 2.12.2004 passed by learned Additional Sessions Judge (Fast Track), Jalore convicting the accused appellant for the offences punishable under Sections 302, 323 and 341 Indian Penal Code and sentencing as under :

(2.) In brief, facts of the case are that on 28.7.2004 at about 1.30 AM a written report (Ex.P-7) was submitted at Police Station Ahore by Visaram (PW-7) with assertion that the wife of his nephew went to the house of Rajputs for work, however, looking to the delay in returning here husband Sonia went to bring her back. Accused Dhania intercepted him on way and started quarrelling. Aadaram (deceased) then intervened in the matter and asked reasons for such quarrel. Dhania, who was under intoxication, gave a stone blow on the head of Aadaram, consequent thereto he fell down. Accused Dhania immediately fled from the spot. Looking to the serious nature of the injury injured Aadaram was taken to hospital at Takhatgarh wherefrom he was referred to Jodhpur for further treatment.

(3.) On basis of the information aforesaid a case was lodged and investigation was initiated for the offences punishable under Sections 341 and 323 Indian Penal Code. On 5.8.2004, while undergoing treatment at Mahatma Gandhi Hospital, Aadaram died, thus, investigation for an offence punishable under Sec. 302 Indian Penal Code too was initiated. After completing investigation a charge sheet was filed before the competent Court and the matter was committed to the Court of Sessions. The trial Court framed the charges for commission of the offences under Sections 302, 323 and 341 Indian Penal Code but the same were denied and trial was demanded.