AGARA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment dated 16.1.2006 learned Additional Sessions Judge (Fast Track), Jalore Camp Bhinmal, recorded conviction of accused appellant Agara Ram son of Bhagwana Ram for the offences punishable under Sections 302 and 341 Indian Penal Code and sentenced him as under:-

(2.) In brief, facts of the case necessary to be noticed for adjudication of this appeal are that on 9.8.2005 Shri Amraram (PW-1) submitted a written report (Ex.P/1) to Shri Anand Singh (PW-13), Station House Officer, Police Station Raniwara, stating therein that his family is having agricultural land with two wells and they are four brothers. He and Somaram are residing at the agricultural well situated close to village Matasan and two other brothers viz. Nagaram and Devaram are residing at the well situated near agricultural land of Shri Ganga Singh. A narrow path leads from the well of Nagaram towards western side connecting village Dhamseen to Badgaon Road. At one end of the narrow path Agara Ram son of Bhagwana Ram (accused) has constructed a house and he is residing there with his family. At about 03:00 PM of the same day Nagaram came to Amraram to have tractor to plow his agricultural fields. It was further stated that Amraram instructed Nagaram to move towards the road and he will be following him on tractor. Amraram when arrived to the main road, he heard some hue and cry and, therefore, returned towards narrow path. He found that Agara Ram son of Bhagwana Ram was giving lathi blows to Nagaram. Veenaram and Agararam son of Dheeraram intervened and then Agara Ram son of Bhagwana Ram fled from the spot. Consequence to the incident Nagaram died.

(3.) The police on basis of the information aforesaid registered a case against Nagaram for the offences punishable under Sections 341 and 302 Indian Penal Code. During the course of investigation autopsy on the corpus of deceased Nagaram was made and as per that the cause of death was haemorrhagic shock due to injury on vital organs. The investigating agency arrested accused Agara Ram son of Bhagwana Ram and at his instance a lathi was recovered. Statements of Agara Ram son of Dheeraram, Veenaram and Amraram were also recorded as per provisions of Sec. 161 Code of Criminal Procedure. After regular investigation a police report as per provisions of Sec. 173 Code of Criminal Procedure was filed before the court of learned Judicial Magistrate First Class, Raniwara. The case being sessions triable was committed to the court of Sessions. The trial court after hearing learned Public Prosecutor and learned counsel for the accused appellant framed a charge against the accused for the offences punishable under Sections 341 and 302 Indian Penal Code. On denial of the same, trial commenced as desired.