RAMRATAN @ BICHIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment impugned in these appeals is dated September 29, 2011, passed by learned Sessions Judge District Jodhpur in Sessions Case No.14/2011. By the judgment impugned learned Sessions Judge recorded conviction of accused Ramratan @ Bichia for the offence punishable under Section 302 Indian Penal Code and of accused Chetanram for an offence punishable under Section 323 Indian Penal Code. Accused Ramratan has been sentenced to undergo life term imprisonment with a fine and default stipulation and accused Chetanram has been sentenced to undergo one year's simple imprisonment with a fine of Rs.500/- and further to undergo two months simple imprisonment in the event of default in payment of fine.

(2.) The facts relevant for adjudication of these appeals are that at 09:15 AM on September 3, 2009, a written report was submitted by Shri Premaram (PW-2) at Police Station Pipar City with assertion that in the night of September 2, 2009 at about 09:00 PM, Prakash, Mewaram and Hardevram, all sons of Jeevanram were quarrelling opposite their house. At that time Jawanaram son of Bachnaram and Premaram advised them not to indulge in quarrel being real brothers. The quarrelling brothers treated that an unwarranted interference in their personal issues, thus, Jawanaram and Premaram proceeded on their way towards their house. Immediately thereafter, Ramratan @ Bichia and Chetanram, other sons of Jeevanram obstructed the way and Ramratan who was armed with lathi gave a lathi blow on the temporal bone of Jawanaram. Chetanram also gave a stone injury to Premaram. Shri Jawanaram died at the spot as a consequent to lathi blow.

(3.) The investigating agency during the course of investigation arrested accused persons, subjected corpus of deceased Jawanaram to an autopsy and certain recoveries including the recovery of lathi were made. After completing the investigation a charge sheet was filed before the court competent and the case being sessions triable was committed to the court of Sessions. The Sessions Court after providing an opportunity of hearing to the accused framed a charge of committing offences punishable under Sections 302 and 323 Indian Penal Code against accused Ramratan @ Bichia. Accused Chetanram was charged for the offence punishable under Sections 323 and 302/34 Indian Penal Code. On denial of the charges, trial commenced as desired.