CHANDA RAM @ RAM CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellants against the judgment of conviction and sentence dtd. 12/10/1993 passed by the Court of learned Addl. District and Sessions Judge, Kotputli [for short Rs.the learned Trial Court'] in Sessions Case No. 121/1992, whereby the accused appellant No. 1-Chanda Ram @ Ram Chandra has been convicted for the offence under Sec. 304 IPC and sentenced to ten years rigorous imprisonment and a fine of Rs. 15,000/-. In default of payment of fine, the accused appellant No. 1 has to further undergo two and half years additional Rigorous Imprisonment and accused appellant No. 2-Smt. Sheela Devi has been convicted under Sec. 323 IPC and she has been let off after admonition for setting aside the same.

(2.) As per the case of the prosecution, on 18/4/1992 at 05.15 PM complainant-Pooran submitted a hand written report (Ex.P1) to the Incharge of Police Station Virat Nagar to the effect that he is resident of Dhani Surajmal Tan Jaisinghpura. Today on 18/4/1992 in the day time at 3.00 PM his son Banwari went to give food to his father to his old house. His younger brother Chanda gave beating to his father Jodharam. When Banwari told not to give beating then Chanda told that if he will die he will not permit anyone to pick up the dead body. Upon this conversation, quarrel took place. Chanda, his son Kailash, Mali- wife of Chanda and Sheela-daughter of Chanda-all of them gave beating to his son Banwari. Chanda inflicted knife blow on the right side of Banwari and gave blow on the head. When he tried to save then Sheela gave blow from lathi on his head. Kailash, Mali and Sheela were having Rs.sticks' in their hands. Bhora S/o Prabhat Balai also came along-with them and he caught hold of Banwari. The aforesaid quarrel took place near the hand pump in front of his house. At that time Prabhu S/o Teja, Laxman S/o Gangu Raigar were filling up the water on the hand pump and all of them saw this incident. He took his son Banwari in a Jeep to Virat Nagar Hospital, where the doctor declared him as dead. Due to the family enmity these persons have committed murder of his son Banwari. Complainant further stated in the report that his younger son-Banwari and Laxmi wife of Banwari was also beaten. On the basis of aforesaid hand written report (Ex.P1), an FIR No. 0040/1992 (Ex.P12) was registered for the offences under Ss. 147, 148, 323, 149, 341 and 302 IPC.

(3.) The police after investigation submitted charge-sheet against the accused appellants for the offences under Ss. 302, 147, 148, 149, 323, 341 in the Court of learned Addl. Chief Judicial Magistrate, Shahpura.