SHREE RAM AND GOPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common judgment, D.B. Criminal Appeal No. 596/2005 preferred by Shree Ram and Gopi and D.B. Criminal Appeal No. 647/2005 instituted by Ramphool Gurjar shall be decided together.

(2.) All the three appellants are brothers being Son of Shyodan. They have been tried by the Court of Additional Sessions Judge, (Fast Track) No. 3, Ajmer Camp, Kishangarh and vide impugned judgment dated 30th June, 2005, Sriram appellant was substantively convicted for offence under Section 302 I.P.C. and was sentenced to life imprisonment and pay a fine of 2000/- and in default of payment thereof, to further undergo six months simple imprisonment. He was also sentenced for offence under Section 447 I.P.C. to undergo three months simple imprisonment and for offence under Section 323 I.P.C. to undergo one year simple imprisonment and pay a fine of 500/- and in default thereof, to undergo simple imprisonment for one month. Ramphool and Gopi were convicted with aid of Section 34 for offence under Section 302 I.P.C. and also for offences under Sections 447 and 323 I.P.C. and they were also awarded the same sentence which was awarded to Shree Ram which already stand noticed by us, above.

(3.) In the present case, deceased before his death had made a statement to ASI Ramdayal Singh, PW-14 who was posted at Police Station, Madanganj Camp Kishangarh. The statement made by deceased Ramlal has been treated by the trial Court as dying declaration. Ramlal stated that he was illiterate. He used to append his thumb impression and was engaged in grazing of sheep as a shepherd. He used to sleep in a bada with sheep. On 8th October, 2013 in the evening, after tying the sheep in bada, and after taking his meals at about 9.30 P.M., he was sitting when appellants namely; Ramphool, Gopi and Shree Ram being sons of Shyodan came on a motor cycle armed with wood. Ramphool gave an injury with a stick on the left foot and Gopi on the right foot. Shreeram gave an injury on the right hand and one lathi blow on the head. After causing the injuries, they left the spot. 10-15 minutes later, Devkaran Gurjar and Lalaram Bagariya came at the spot and they brought injured to Government hospital.