PRABHAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals arise out of a common incident and are filed against the common judgment dated 16.9.2006 passed by Additional Sessions Judge, Malpura Distt. Tonk in Sessions Case No. 11/2005 hence are decided by this common judgment.

(2.) THE brief facts of the case as per the prosecution are that PW/11 Banshi lodged a written report (Ex.P/13) at Police Station Malpura with the contention that on 30.5.2005 he was going along with his brother Heera from village Jareli to village Tordi to have medicines for his brother Heera. At about 8.30 PM when they reached near the village they saw that Suja, Naurat, Prabhat and wives of all the three were giving beating to his brother -in -law Ramkaran. Naurat and Prabhat were having Axe whereas Sujya was having weapon like stick and all attacked Ramkaran, left him in a ditch and ran away from the spot. On his raising voice, Ishar Kahar and Nathu Kahar came there. They all lifted Ramkaran from the ditch. Ramkaran was having injuries on his head and all over the body. He has been shifted to Tordi Hospital, where he died. It has also come in the evidence that on the issue of cutting of a dry tree the occurrence has taken place. On this written report, FIR No. 78/2005 was lodged and after usual investigation charge -sheet has been filed against the appellants. The case was committed and tried by Additional Sessions Judge, Malpura Distt. Tonk.

(3.) THE charges have been framed against the appellants for the offences under Sections 302/34 IPC which were denied by the accused persons and they claimed to be tried. The prosecution has examined PW/1 Bhupendra Singh, PW/2 Lalchand, PW/3 Badri Kahar, PW/4 Nathulal, PW/5 Ramprasad Bairwa, PW/6 Ramvilas, PW/7 Smt. Narayandevi, PW/8 Ghasi, PW/9 Shyoji Kahar, PW/10 Gopal Kahar, PW/11 Banshi Kahar, PW/12 Babulal Kahar, PW/13 Mangilal Kahar, PW/14 Girvar, PW/15 Madan, PW/16 Rambabu, PW/17 Smt. Gulab, PW/18 Kanhaiyalal, PW/19 Chitar Kahar, PW/20 Mangatram, PW/21 Madanlal Mali, PW/22 Dr. Arjundas and PW/23 Ramchandra Nehra to support its case. Prosecution has also relied upon documents Ex.P/1 to P/26.