HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374 (2) Cr.P.C. has been filed by the accused-appellants against the judgment dtd. 15/9/1998 passed by the learned District and Sessions Judge, Bikaner in Sessions Case No.27/1998 whereby the learned Judge convicted and sentenced the accused as under:- <IMG>JUDGEMENT_113_LAWS(RAJ)8_2023_1.jpg</IMG>

(2.) Succinctly stated the facts of the case are that a report (Ex.P/9) came to be lodged on 15/10/1997, which was based on the statement of one Lala Ram recorded by the ASI of Police Station Coatgate, Bikaner. It was alleged that the deceased Lala Ram and the appellants' family are close relatives and there was a discord between them; on the day of incident suddenly appellants pelted stones in the house of Lalaram upon which, he came out of the room and received injuries. On raising protest, the appellant Pushpa and all other accused persons namely Heeralal and Rupa Devi gave beating to him by fists and kicks; the appellant Pushpa poured hot water on his waist as a consequence of which, his lumber suffered with blisters. After chalking out the FIR (Ex.P/9) the investigation was commenced and during the course of treatment, on 17/10/1997, victim Lalaram died thus, offence under Sec. 302 IPC was added and after thorough investigation, appellant Pushpa was chargesheeted for the offence under Ss. 302, 451 and 336 of the IPC and rest of the accused Heeralal and Rupa Devi were charge sheeted for the offence under Ss. 302/34, 451 and 336 of the IPC and the trial commenced.

(3.) After taking cognizance and framing of charges, as many as 10 witnesses were examined and 19 documents were exhibited on behalf of the prosecution. Thereafter, the accused were examined under Sec. 313 Cr.P.C. wherein they abjured the allegations and adduced two witnesses in defence. After affording opportunity of hearing to the counsel for the parties, the learned trial Court acquitted the accused Roopa Devi whereas, accused Heerlal and Pushpa Devi were acquitted for offence under Ss. 302/34 and 336 of the IPC however, convicted the accused Heera Lal for the offence under Ss. 451 and 323 of the IPC and Smt. Pushpa for offence under Ss. 326 and 451 of the IPC and both were sentenced as mentioned in para No.1 of the judgment.