MOOL CHAND @ MOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal appeal has been filed under Section 374(2) of the Cr.P.C. against the judgment dated 3.2.2006 passed by the Addl. District & Sessions Judge (Fast Track), Anupgarh in Sessions Case No.21/2005 whereby the learned trial court convicted the accused appellant for the offence under Section 302 and 342 IPC and passed the following sentence:

(2.) AS per facts of the case on 20.12.2004 at 2.05 a.m. Mohini Devi W/o Sh. Lal chand by caste Sunar, resident of Prem Nagar, Anupgarh submitted a report before Om Prakash, ASI of Police Station, Anupgarh in which it was alleged that before 3 -4 months back the marriage of his daughter Santosh was solemnized with Girdhari Lal, resident of Ward No.6, Mandi, Anupgarh. After marriage her son -in -law Girdhari Lal assaulted her daughter and upon receiving such information, she visited at the place where her daughter and son -in -law were residing but they were not found in the house therefore, she came back but at about 8.00 p.m. her husband Lal Chand S/o Gopal Lal went to the house of his daughter, so also, to the ouse of Moola Ram, accused appellant to make an inquiry.

(3.) AT the house of Moola Ram, his son Pawan Kumar Soni and Moola Ram were there and they restrained her husband and assaulted him by Lathi and on account of the injuries caused to him, he became unconscious in the house and blood come out from his head from where he was brought to the hospital for treatment and it is further stated in the complaint that her husband was carrying Rs.20,000/ - with him when he went to the house of Moola Ram (appellant) but the said amount was also stolen by them. Upon aforesaid complaint, the SHO, Police Station, Anupgarh registerd an FIR no.569/2004 on 20.12.2004 and commenced the investigation.