STATE OF RAJASTHAN Vs. CHAMPA RAM

JUDGEMENT

(1.) THE instant cr. appeal has been preferred by the State of Rajasthan against the judgment dated 31.3.1992 passed by the learned District & Sessions Judge, Jodhpur in Sessions Case No. 160/1991 whereby the learned Sessions Judge acquitted the respondent from the charge levelled against him under Section 302 IPC.

(2.) AS per the brief facts of the case on 9.6.1991 at about 10.10 a.m. one Balu Ram PW -4 lodged a complaint before the SHO, Police Station Jamba alleging therein that yesterday on 8.6.1991 his nephew Triloka Ram S/o Koja Ram informed that he left his house alongwith his father Koja Ram at about 8.00 a.m. alongwith their Ox (Sandh) to the Dhani of Hamir Singh Rajput to take loan from him and upon return when they took some rest under the tree of Khejadi near Sang Singh's Dhani in the field of Sujan Singh Rajput, at that time, the respondent Champa Ram @ Champa Lal came there with Lathi in his hand from Nokada side and with intention to kill his father inflicted Lathi blow on the back side of the neck of deceased Koja Ram and continuously gave several Lathi blows on the body of the deceased Koja Ram. According to author of the FIR, respondent Champa Ram @ Champa Lal was having Lathi upon which iron nails were fitted. It is also stated in the FIR that one Kheta Ram S/o Loona Ram who was picking the pillus from the tree also seen the incident and due to fear Triloka Ram rushed to the complainant and reported the incident to him. Upon receiving above information from Triloka Ram, the author of the FIR alongwith Dharma Ram, Bhoma Ram, Khetaram, Bakata Ram, Ratana Ram and Manaram Bheel rushed to the place of occurrence and saw that Koja Ram was lying died under the tree of Khejari and number of injuries were found upon both hands, ears and other parts of the body. The complainant prayed that action may be taken against the accused Champa Ram @ Champa Lal for committing offence of murder.

(3.) THE learned trial court after hearing the arguments framed the charge under Section 302 IPC against the respondent and commenced the trial. In the trial, the statements of PW -1 Asu Singh, PW -2 Dr. Shafi Mohd., PW -3 Triloka Ram, PW -4 Balu Ram, PW -5 Kheta Ram, PW -6 Ratana Ram and PW -7 Padma Ram were recorded and, thereafter, statement of respondent were recorded under Section 313 Cr.P.C. in which he pleaded ignorance and denied the charge of prosecution. No specific plea or allegation was leveled by the accused against the witnesses nor any evidence was produced by him in defence.