DHANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Additional Sessions Judge (Fast Track) No.2, Bikaner, by the judgment impugned dated 27.6.2005 convicted and sentenced the accused appellants as under: - Accused Dhanna Ram - u/S.302 IPC ­ Life imprisonment with a fine of Rs.1000/ - and further to undergo one month's additional imprisonment in the event of default in payment of fine. Accused Ram Pratap - u/S.302/34 IPC ­ Life imprisonment with a fine of Rs.1000/ - and further to undergo one month's additional imprisonment in the event of default in payment of fine.

(2.) IN brief, facts of the case are that on 6.11.2003, an oral information given by Shri Sunil (PW -4) at police station Sadar, Bikaner, was reduced in writing. As per the facts stated by Shri Sunil, he alongwith his Taau Khyaliram, Taai Majam, Mama Balbir, Mami Ita, their daughter Anjali and sister Arti came to Bikaner from Jodhpur for selling pen. They all were staying near Indra fountain in public park Bikaner. On 6.11.2003 at about 10:15 PM Smt. Majam made an alarm that some man was doing some mischief with the bed of Smt. Ita. It was found that a man having 'tilak' on his forehead was standing near the bed. On being instructed and pushed he proceeded towards the temple. The man after some time returned alongwith two other persons and started abusing. A 'kulhari' blow was given to Shri Khyaliram by a person accompanying the first man. All the three persons fled from the spot immediately thereafter.

(3.) ON 10.3.2004, the investigating agency arrested accused Dhanna Ram and Ram Pratap. On basis of the information given by accused Dhanna Ram an iron rod (axle) was recovered as per document Ex.P/2 on 19.3.2004. On the same day a 'kulhari' was recovered at the instance of Ram Pratap and memo of that is available on record as Ex.P/4. Two police personnels viz. Mahavir Prasad Singh (PW -6) and Shrawan Ram (PW -2) were the attesting witnesses of the recoveries made as per documents Ex.P/2 and Ex.P/4. Accused Dhanna Ram and Ram Pratap were identified by Smt. Majam (PW -5) and Sunil (PW -4).