SHOBHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal owes its origin in the judgment dated March 15, 2000 of the learned Additional Sessions Judge, Ramganj Mandi District Kota rendered in Sessions Case No. 49/1999, whereby the appellants were convicted and sentenced as under:- Shri Ram: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer six months simple imprisonment. Shobha Ram: U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer six months simple imprisonment.

(2.) ON February 16, 1999 at 5. 30 PM informant Mohan Lal handed over a written report to the SHO Police station Chechat at Camp Alod. It was stated in the report that Shri Ram and Shobha Ram (appellants) had crushed the head of Trilok chand (since deceased) as a result of which he died on the spot. A case under sections 302, 341 and 34 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the Learned Additional Sessions Judge Ramganj Mandi District Kota. Charges under sections 302 and 302/34 IPC were framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 14 witnesses. In the explanation under section 313 Cr. P. C. , the accused claimed innocence and stated that they have been implicated falsely. In defence two witnesses were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) PER contra the learned Public Prosecutor supported the impugned judgment and urged that Basantilal and Manohari Bai are the witnesses sterling worth and their testimony was rightly relied on by the learned Trial Court.