NEMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) To question correctness of the judgment dated 7.4.2006, passed by learned Additional Sessions Judge (Fast Track), Balotra, this appeal is preferred. By the judgment impugned learned Additional Sessions Judge recorded conviction of the accused appellants and awarded sentence as under:-

(2.) While undergoing treatment at Mathuradas Mathur Hospital, Jodhpur, Kesaram died. The corpus of Kesaram was subjected to an autopsy and looking to the cause of death given in the postmortem report, the investigation also commenced for an offence punishable under Section 302/34 Indian Penal Code. After completion of investigation a charge sheet was filed against Nemaram and Jesaram before the competent court, the case being sessions triable was committed to the court of Sessions, Balotra. Accused Khetaram being juvenile, his case was referred for adjudication to the Juvenile Justice Board, Jodhpur.

(3.) Learned Sessions Court after hearing the accused persons framed charges for commission of offences punishable under Sections 447, 323, 307 and 302 Indian Penal Code against accused Nemaram and for the offences punishable under Sections 447, 323, 307 and 302/34 Indian Penal Code against accused Jesaram. On denial of the charges trial commenced, as desired.