DHARMPAL JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common judgment, D.B. Criminal Appeal No.427/2006 preferred by Dharmpal Jat, and D.B. Criminal Appeal No.646/2006 instituted by Ramniwas shall be decided together.

(2.) Both the appeals are directed against the common judgment dated 29.3.2006, passed by the Additional Sessions Judge (Fast Track) No.3, Jhunjhunu whereby both the appellants have been convicted for offence under Section 302/34 IPC and vide a separate order of even date have been sentenced to life imprisonment and pay a fine of Rs.200/- each in default thereof, to undergo simple imprisonment for one month.

(3.) Formal FIR (Ex.P.14) was registered at Police Station Chirawa, District Jhunjhunu on the basis of written complaint (Ex.P.8) submitted by Subhash Chandra (P.W.4). In the written complaint it was averred that on 19.10.2003, at about 10.30 P.M. a telephonic call was received by son of his uncle from Palaram. Palaram disclosed that in the open area (Guwad), Ramchandra was beaten by Dharmpal S/o. Ramkaran and Ramniwas S/o. Prahlad. Mahaveer, son of his uncle, came running and relayed this information to him. Immediately he (Subhash Chandra) reached at the spot and saw that both, Dharmpal and Ramniwas, were dragging deceased, Ram Chandra, inside the gate of Maturam. He asked the accused as to why Ram Chandra was being beaten, upon which Dharmpal said by giving a bad name, that they have finished Ram Chandra and if the witness will follow them, he will be dealt with similarly. Thereafter accused ran away. At that time, Sunil and Vijyendra were attracted at place of occurrence on a scooter. The informant stated that his brother, Ram Chandra, has been murdered by Dharmpal and Ramniwas due to an old grudge. Later on, at spot Palaram, Mahaveer and his cousin brother, Ramkumar, were also attracted. Death body of Ram Chandra was lying at the spot.