RAM KISHAN & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated March 13,2002, passed by the learned Additional District & Sessions Judge (Fast Track), Jhunjhunu, whereby he convicted and sentenced each of the accused, namely, Ramkishan under Sec. 302, IPC, and Ramotar under Sec. 302/34 IPC, to life imprisonment and a fine of Rs. 1,000.00 each, in default of payment of fine, to further undergo three months' Rigorous imprisonment; accused Ramkishan under Sec. 326, IPC, and accused Ramotar under Sec. 326/34, IPC, five years Rigorous Imprisonment and a fine of Rs. 200.00 each, in default of payment of fine to further undergo three months' Rigorous imprisonment; accused Ramkishan and Ramotar under Sec. 341 IPC, to one month's simple imprisonment. All the sentences were directed to run concurrently.

(2.) Briefly stated, the prosecution case is that on 22.9.1998, Kumari Suman d/o Shri Hazari Lal, by caste Khati, aged 18 years, r/o Lotiyan, lodged a written report (Ex. P1) with the Police Station, Surajgarh, stating inter alia, therein that on the day of the occurrence, at about 9 a.m., her brother Rahul, her mother Savitri and her younger sister were at home. Her mother was going to the field. As soon as her mother reached in front of the house of Parasram, Ramotar and Ramkishan, sons of Norangram Khati, armed with Jelly and Kulhari, came running behind her mother, stopped her in front of the house of Parasram Brahmin and started to beat her. When her mother raised hue and cry, the complainant's brother Rahul came to rescue her and the complainant also came there behind him and saw that Ramkishan and Ramotar were giving beating to her mother. Ramkishan was armed with Kulhari and Ramotar was armed with Jelly. During the course of beating, her mother fell down there. Ramkishan inflicted 2-3 Kulhari blows on the neck and mouth of her mother - Savitri. When the complainant's brother Rahul tried to save his mother, then Ramotar gave a Jelly blow on the left side of his mouth. Meanwhile, Ramniwas and Bhanaram came running on the scene of the occurrence and they rescued her brother Rahul. The complainant further stated that when she tried to go near her mother, then Ramotar ran towards her taking Jelly in his hand. Due to fear, the complainant returned to her house. Her mother died on the spot. Had her neighbours, namely, Revati, Geeta and other villagers not come to rescue her brother Rahul, they would have murdered him also. Thereafter, Ramotar and Ramkishan returned to their home. Her brother lifted her mother and came to the home. The complainant also stated that her mother had been done to death by both the brothers, namely, Ramkishan and Ramotar with Kulhari and Jelly. In order to eliminate her brother Rahul, they also gave him beating. Lastly, the complainant stated that her brother was taken to Chirawa Hospital by Ramniwas, Swamy, Suresh and Prakash Dhanak in a Jeep. Hence, report is submitted, action be taken and the guilty be punished.

(3.) On the basis of the aforesaid report, FIR (Ex.P24) under Sections 302, 307, 341, 323 and 34 Indian Penal Code was registered and investigation was taken up.