STATE OF RAJASTHAN Vs. HUKMA RAM

JUDGEMENT

(1.) Both the instant appeals are directed against the impugned judgment dtd. 27/6/1992 passed by the learned Additional Sessions Judge No.1, Jodhpur ('Trial Court') in Sessions Case No.86/92 (State Vs. Hukma Ram & Anr.). Instant D.B. Criminal Appeal No.230/1992 has been preferred to challenge the said judgment to the extent of conviction of the accused-appellants; while the instant D.B. Criminal Appeal No.333/1994 has been preferred by the State against the same impugned judgment to the extent of acquittal of the accused-Hukma Ram herein.

(2.) Brief facts of the case giving rise to the instant appeals are that on 15/3/1990, one Tilaram (complainant) lodged an FIR before the Reserve Centre (Aarakshi Kendra), Luni stating therein that on the said date, at about 11:30 a.m., while he alongwith his father Madaram were on their way to Village Mogda for getting certain goods/articles, at that time, accused-Shera Ram intercepted and stopped them, and told the complainant party that they have devised certain magic formula on the cows of the accused party, and in that connection, the accused party subjected the complainant party to beatings by infliction of fists blows; such criminal act was however stopped due to intervention and an act of rescue made by one Manglaram, at the relevant time.

(3.) In D.B. Criminal Appeal No.333/1994, the learned Public Prosecutor for the appellant-State submitted that deceased-Mada Ram died on count of the injuries inflicted upon him by the accused and the same has also been stated by P.W.-14-Dr. Dharmendra Sharma in his deposition; he further stated that the all the injuries, were, in the ordinary course of nature, sufficient to cause the death of Mada Ram (deceased). Therefore, on this count alone, the learned Trial Court committed an error in passing the impugned judgment, to the extent of acquittal of the accused under Sec. 302 IPC.