KIRTA RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. jail appeal has been filed by the accused-appellants Kirta Ram, Vijay @ Bajrang and Dula Ram against the judgment dated 31.1.2006 passed by the learned Addl. District Judge (Fast Track) No.2, Bikaner in Sessions Case No.45/2004 whereby the learned trial court convicted all the accused appellants for the offences under Sections 302, 307, 325 341, 325 and 325/34 and passed the following sentences: <FRM>JUDGEMENT_183_LAWS(RAJ)8_2015.html</FRM>

(2.) Before proceeding further it is worthwhile to observe that due to death of accused appellant Dula Ram S/o Gota Ram on 17.9.2007 the appeal of Dula Ram was dismissed as abated vide order dated 1.5.2015 passed in this appeal.

(3.) As per the facts of the case, a written report was submitted by the complainant PW-9 Om Prakash (injured witness) on 5.2.2004 before the SHO, Police Station, Napasar, District Bikaner in which it was alleged that today when the complainant and his father deceased Bhura Ram going to the house, at that time, from the village Sahajrasar near agricultural field of Banna Ram situated 10 kms away from Runiya Bada Bas, the accused appellants Dula Ram, Kirta Ram and Vijay @ Banjrang all of sudden came there and restrained their way. The accused Kirta Ram who was having axe inflicted injury upon the right side of the head of his father Bhura Ram, at that time, he fell down from the cattle cart. Thereafter, Dula Ram inflicted injury by weapon Jai near right eye and Vijay @ Banjrag inflicted injury by Lathi to his father Bhura Ram. Upon intervening the complainant was also assaulted by Bajrang, Dula Ram and Kirta Ram by their weapons. It is further alleged that all the accused appellants not only caused injuries upon the body of father of the complainant, but his father Bhura Ram has been thrown in the fire. At the time of incident, two persons came on tractor at the site of occurrence and asked the accused appellants not to commit offence, but they did not hear them. Upon above written report at Police Station, Napasar where FIR No.7/2004 was registered on 5.2.2004 under Sections 341, 323, 325, 307, 302 read with Section 34 IPC against the accused appellant.