BHAGIRATH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment passed by the learned Addl. Sessions Judge, Sikar, dated 17.12.1975, under section 302, IPC, to imprisonment for life and a fine of Rs. 101/- and in default of payment of fine to a further rigorous imprisonment for one month.

(2.) On 26.8. 1974, a written report (Ex. P. 4) was filed by Mst. Jamna, wife of Ladu Balai, resident of Palsana, to the SHO, Police Station, Khatu. The same was presented by Narain Singh (PW. 5), wherein it was alleged that on 24.8.1974, at about 7 p. m. Chotu and Bhagirath were abusing her husband Ladu Ram and when she protested, accused persons Chotu, Bhagirath, Ishar and Rukman came to her Gwari armed with 'rapan' and gave beating to her husband Ladu and her sons Chotu and Shrawan. She and her Dewar Hanuman intervened and rescued them, otherwise they would have killed them. Her husband had received serious injuries and her sons also received injuries and they are admitted in the Sikar Hospital and she was with them and, therefore, delay in making the FIR. On this report, the SHO, Khatu Shyamji, Shri Kamaruddin Khan (P.W-2) registered the case against the accused persons. Ladu died in the hospital on 29.8.1974. Dr. A.N. Mathur conducted the postmortem, whose report is Ex. P. 6, which contains his opinion that the cause of death was shock and hemorrhage brought about by the injury to skull and the fractured skull bones. After investigation, a challan was filed against the three accused-appellants in the Court of Addl. Munsif & Judicial Magistrate, 1st Class, Sikar, for the offence under Sec. 302, 323 and 447, IPC. The learned Judicial Magistrate committed the accused to the Sessions and the accused were charged with the commission of the offence punishable under Sections 302, 323 and 447, IPC. The charges were read over and explained to them. The accused pleaded not guilty and claimed trial.

(3.) The prosecution examined as many as 16 witnesses, The statements of the accused persons were recorded, but they did not lead any evidence in defence. After hearing the arguments, the learned Addl. Sessions Judge, Sikar convicted the accused-appellants under Sec. 302, Penal Code and sentenced each of them to imprisonment for life for the murder of Ladu and a fine of Rs. 101/- and in default of payment to undergo rigorous imprisonment for one month. It is against this conviction and sentence passed by the learned Addl. Sessions Judge that the present appeal has been filed.