VIKRAM Vs. STATE OF RAJ.

JUDGEMENT

(1.) The appellants Vikram and Dataram were indicted before the learned Additional Sessions judge Kishangarhbas District Aiwar for having committed murder of Bhagwan Nath. Learned trial Judge in Sessions Case No. 121/1998 vide judgment dated May 29, 1999 convicted the appellants under Section 302 read with 34 IPC and sentenced each of them to undergo the imprisonment for life and fine of Rs. 1,000/- in default to further suffer one month Rigorous Imprisonment. Both the appellants in the instant appeal have assailed the said finding of learned trial Judge.

(2.) Put briefly the prosecution case is that informant Smt. Mukesh (PW 3) submitted a written report (Ex.P-4) on November 12, 1997 around 11.30 PM with the Police Station Tijara, District Alwar stating therein that Vikram came to her house and asked her husband to accompany him. While Vikram and her husband proceeded she also followed them. On the way Bhagta Rare, Data Ram, Mam Chand, Kailash w/o Vikram, Risali w/o Bhagta Ram and Surti w/o Data Ram got her husband halted and started inflicting injuries with lathis and farsis on her husband who became unconscious and was taken to hospital at Kishangarhbas where he died after some time. A case under Sections 147, 148, 149 and 302 I.P.C. was registered and investigation commenced. On completion of the investigation charge sheet was filed against the appellants. In due course the case came up for trial before the learned Additional Sessions Judge No. 2, Kishangarh Bas., District Myer. Charge under Section 302 read with 34 IPC was framed against the appellants, who denied the charge and claimed to be tried. The prosecution in support of its case examined as many as 12 witnesses. In their explanation under Section 313 Cr.P.C. the appellants claimed innocence. No witness in defence was however examined. Learned Trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) The only contention of learned counsel for the appellants, is that from the material on record no offence under Section 302 read with 34 IPC is made out against the appellants.