STATE OF RAJASTHAN Vs. RAMA RAM AND ANOTHER

JUDGEMENT

(1.) This application is preferred to have leave to appeal the judgment dated 20.02.2015 passed by learned Additional Sessions Judge, Abu Road, District Sirohi in Sessions Case No.5/2014. By the judgment aforesaid, learned trial court acquitted the accused persons for the offences punishable under Sec. 354, 302 and 302/34 IPC, but recorded conviction under Sec. 304 Part II, 323 and 427 IPC.

(2.) The argument advanced by learned Public Prosecutor is that in the case in hand, adequate evidence is available on record to establish that the accused persons were intending to kill Nena Ram and therefore, injuries were caused to him by lethal weapons, therefore, their acquittal from the charge of murder is not correct.

(3.) We have considered the arguments advanced in light of the evidence available on record. The prosecution case as unfolded in the judgment impugned is that on the fateful day, deceased Nena was carrying a pipe for the purpose of irrigation in his fields adjacent to the field of the accused persons. The accused had certain objections and therefore, they restricted Nena Ram and opposed him. Nena Ram then called his other relatives including Poona S/o Saja Ji and Champa. Some quarrel occurred between the parties for spontaneous reasons and during sudden provocation, an injury was caused to deceased by accused. It is not in dispute that there was no pre-meeting of mind to cause any injury to deceased Nena and further that the article used to cause injury is a usual agriculture equipment. Whatever evidence available on record, that too supports the case of the prosecution to the extent above.