HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 12. 07. 1977 passed by the learned Sessions Judge, Balotra whereby he convicted the accused-appellants Hanuman, Uma and Moola, all sons of Maga resident of village Nateria Tehsil Chohtan District Barmer, for having committed offence under Sec. 302/34 IPC of murdering Rekha and sentenced them to imprisonment for life.

(2.) THE prosecution case as disclosed in the F. I. R. dated 2. 12. 1976, lodged by Thana, brother of deceased Rekha, at 1-30 A. M. is that complainant was informed by Ganga PW 2 that his brother Rekha is being beaten by Hanuman etc. in the field of Maga. Ganga had come to inform Thana on hearing the cries of Rekha. On receiving the information, complainant Thana PW 1 reached the field of Maga and found that Rekha was lying on the way leading to the field of Maga. His clothes were blood stained. Tikma and Sona were sitting by Rekha. On being enquired from Rekha, he informed that Hanuman, Moola and Uma, accused-appellants all sons of Maga, have beaten him by lathies. On being asked about the reason, Rekha further stated that he had quarrel with Hanuman's brother Uma in the morning and because of that, Hanuman has threatened that he will not be spared today. While Rekha was being taken to hospital at Chohtan for treatment, he died on the way and dead body was taken to Police Station.

(3.) IN view of our aforesaid discussion, we are of the view that prosecution has failed to prove the guilt of accused-appellants beyond reasonable doubt and, therefore, conviction of the accused-appellants cannot be sustained.