RAMESH KUMAR & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment and order dated 20.4.2004 the learned Additional Sessions Judge (Fast Track) No.1, Sirohi recorded conviction of accused-appellant Bhura Ram for offence punishable under Section 302 I.P.C. and of accused Ramesh Kumar for the offence punishable under Section 302/34 I.P.C., and sentenced them to undergo life term imprisonment with a fine of Rs.5000/- each and further to undergo one year's additional imprisonment in the event of default in payment of fine.

(2.) The factual matrix necessary to be noticed for adjudication of this appeal is that Soma S/o. Chhagan Lal submitted a written report (Exh.P/13) to the Station House Officer, Police Station, Revdar on 24.2.2003 at 6:15 pm with assertion that he and his father Chhagan Lal went to village Meethan to join "Sheetla Saptami Fair" and while returning from that they were waiting for a bus at Revdar road. His cousin brother Ramesh S/o. Babu Harijan and Bhura S/o. Kesha Harijan both residents of Khan came there and gave 'kulhari' blows on the head, back and neck of his father. Ramesh gave knife blows on the back and neck of his father. On intervention, both the accused persons made an attempt to flee from the spot. The incident was witnessed by Magan Lal and Udai Dan. Shri Chhagan Lal died at the spot and the 'kulhari' of accused Bhura Ram was found struck in his skull. A dispute relating to the matrimonial engagement was shown as the motive behind the incident. On basis of the written report aforesaid, a criminal case was lodged and the investigation commenced. After completion of investigation, a police report was filed before the court of Judicial Magistrate, First Class, Revdar alleging commission of offence punishable under Section 302/34 I.P.C. Being a sessions triable case, the same was committed to the Court of Sessions, Sirohi. Learned Sessions Judge, Sirohi transferred the same to the court of learned Additional Sessions Judge (Fast Track) No.1, Sirohi. On 19.6.2003 the learned Additional Sessions Judge (Fast Track) No.1, Sirohi framed charges against both the accused persons for commission of offence punishable under Section 302 and in alternative 302/34 I.P.C. On denial of the same the trial commenced, as desired.

(3.) The prosecution supported its case with the aid of several witnesses (PW-1 to PW-13), out of whom, S/Shri Soma Ram (PW-9), Udai Dan (PW-2), Pukhraj (PW-3) and Mohanlal (PW-5) were cited as the eye-witnesses. PW-8 Dr. Surendra Sain adduced medical evidence as he conducted autopsy on the person of deceased Shri Chhagan Lal. PW-12 Shri Amar Singh being the Investigating Officer provided details of all the steps taken during the course of investigation. Several documents were also exhibited to support the prosecution case.