PITRAM AND ROTASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PITRAM with the help of his sister's brother Rotash and four others from the village of Rotash namely Mahesh Kumar, Subhkaran @ Sube Singh, Amar Singh and Vijay Singh, it is the prosecution case, killed Moosaram, real brother of the appellant PITRAM and injured Mooli, mother of appellant PITRAM and deceased Moosaram on 13. 10. 1996 at 8 p. m. In the trial held against six persons named above, whereas Mahesh, Subhkaran, Amar Singh and Vijay Singh have been acquitted, the appellant PITRAM and Rotash have been found guilty of offence u/s 302 read with Section 34 IPC and sentenced to undergo life imprisonment as also to pay a fine of Rs. 1,000/- or in default of payment of fine, to further undergo R. I. for a period of three months, vide order of conviction and sentence passed on that behalf by the learned Additional Sessions Judge, Neemkathana, District Sikar, dated 2. 12. 1999.

(2.) WITH regard to the occurrence leading to the death of Moosaram and injuries to Mooli that took place on 13. 10. 1996 at 8 p. m. FIR (Ex. P. 2) was lodged on the same day at 9. 30 p. m. by Maliram (PW-1 ). It was a written report handed over to Surendra Kumar, SHO (PW-17 ). Special report with regard to the incident reached the concerned Magistrate Neemkathana on next day i. e. , 14. 10. 1996 at 3. 30 p. m.

(3.) DOCTOR found that left temporal and parietal bones were fractured. In the opinion of the doctor, the cause of death was coma, which was because of head injuries. The injuries were ante mortem in nature and were caused within duration of 24 hours. The same were sufficient in the ordinary course of nature to cause death. The doctor proved post mortem report (Ex. P. 16 ).