BEERAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 30.08.2003 passed by the Additional Sessions Judge (Fast Track) No. 4, Jhalawar, Camp Aklera in Sessions Case No. 79/03, whereby, while acquitting three co -accused persons, namely Gaurilal S/o Bhanwar Lal, Shivlal S/o Gaurilal and Amarlal S/o Bapulal, convicted and sentenced the accused -appellant Beeram S/o Shri Gauri Lal, under Section 302 IPC to imprisonment for life and a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo one years rigorous imprisonment. Briefly stated the facts of the case are that on 16.10.2002, a written report (Ex. P3) was lodged by PW3 Beeram S/o Kaniram, by caste -Bheel, R/o Devkho, at Police Station Ghatoli, District Jhalawar, wherein it was alleged that yesterday on 15.10.02, at about 6:30 pm, he along with his maternal uncle Ghasi Lal S/o Lachman Bheel, R/o Devari Chanchal were coming to his village Devkho from Churelia. Near village, Beeram S/o Gaurilal, Shivlal S/o Gaurilal, Amarlal S/o Bapulal and Gaurilal S/o Bhanwarlal Bheel of Devkho were sitting. On seeing us, they ran to beat us. Biram was armed with Gandasi, Gaurilal was having stone and rest of them were having 'Lathies' in their hands. Beeram with an intention to kill, inflicted injury by Gandasi on the head of his maternal uncle Ghasi Lal, resulting in oozing out of blood, as a result of which his maternal uncle fell down on the ground. He ran away from the spot to rescue himself and came at Devari Chanchal, where he narrated the incident to Amarlal S/o Lachman Bheel his maternal uncle and Roshan S/o Puri Lal Bheel, Bapulal S/o Puri Lal Bheel, all residents of Devari Chanchal. Thereafter, he along with all the above three persons came to the spot near his village, where his uncle was lying and took him on a cot to Churelia for treatment, wherefrom they taken him to Aklera by Jeep of Ramswaroop Rathore, where Doctor referred him to Jhalawar. At Jhalawar his uncle succumbed to injuries during treatment. Beeram, Shivlal, Amarlal and Gaurilal, all with common intention, stopped them and then Beeram inflicted injury by Gandasi on the head of his maternal uncle and Shivlal, Amarlal and Gaurilal all the three, caught hold of him and stopped him to intervene. Somehow, he ran away from there to save his life, otherwise, they would have killed him also. He has previous enmity with all those four persons.

(2.) ON the basis of above report, the Police registered FIR No. 144/2002 (Ex. P4), under Section 302, 341/ 34 IPC and started investigation. During investigation, the accused persons were arrested and after completion of investigation, a challan was filed against 4 accused persons, namely Beeram, Gaurilal, Shivlal and Amarlal, under Section 341, 323 and 302/ 34 IPC in the Court of Additional Chief Judicial Magistrate, Aklera, who transferred the case for trial to the Court of Additional Sessions Judge, Aklera.

(3.) LEARNED trial Court, after hearing and considering the arguments of the parties and also examining the record, acquitted the three co -accused namely Gaurilal S/o Bhanwar Lal, Shivlal S/o Gaurilal and Amarlal S/o Bapulal of the charge under Section 302 or 302/ 34 IPC by giving them the benefit of doubt, but convicted and sentenced the accused -appellant, as mentioned above. Hence, the appellant has preferred the instant appeal.