DEWA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal under Sec. 374(2) Cr.P.C. has been filed against the judgment and order dtd. 12/2/1993 passed by learned Additional District and Sessions Judge, Bali (hereinafter referred to as 'the trial Court') in Sessions Case No. 20/1990, whereby the trial Court has convicted and sentenced the appellants as under :-

(2.) Learned Public Prosecutor has submitted a report to the effect that appellant no.2 Vela Ram has expired. Therefore, the present criminal appeal qua the appellant no.2 stands abeted. The concise facts of the case are that a First Information Report was registered in respect of incident alleged to have taken place on 20/3/1990 in which Smt. Khimi received injuries with Kudal as a result of which she died and Pakka Ram and Jatna also received simple injuries. A FIR was registered about commission of offences punishable under Ss. 307, 324, 323/34 IPC and later on, offence under Sec. 302 IPC was added.

(3.) After due investigation, police filed charge sheet against accused-persons for offence under Sec. 302, 324, 323/34 IPC. Thereafter, separate charges were framed against the accused. The appellant denied the charges and claimed trial. After scrutiny of the material on record and evidence produced by the prosecution as well as statement of accused under Sec. 313 Cr.P.C., learned trial Court vide judgment dtd. 12/2/1993 convicted and sentenced the appellant as stated hereinabove.