BHANWAR LAL @ BHOORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of judgment dated 7.12.2004 passed by Additional Sessions Judge (Fast Track) No.1, Tonk in Sessions Case No. 55/2004 whereby the accused appellants have been convicted and sentenced as under:

(2.) THE brief facts of the case as per the prosecution are that statement (Ex.P/8) of Ram Nath (PW/4) was recorded in which it has been stated by him that on 26.7.2004 he and his wife Gulab Devi came to their house at about 8 -9 P.M. from their agricultural field, Jamna Lal, Bhoora and Hajari all were in their house which is adjacent to their house talking that evil spirits have caught their daughters and would be cured by Gulab Devi and if their girls would not be cured by 11.00 P.M., they would kill Gulab Devi. Thereafter all three came to their house, dragged Gulab Devi outside the house. Ramnath tried to intervene but he was also beaten and appellants took his wife who did not return on that night. Next day in the morning he inquired about his wife and on search, the villagers told him that her wife is lying in a hut near the well thereafter all the three persons brought the dead body of the her wife to his house. The further contention of the witnesses is that Hajari Lal, Bhoora and Jamna Lal inflicted lathi blows to his wife and killed her. On this statement, FIR No. 39/2004 was registered and after usual investigation charge -sheet has been filed against the present appellants. The case was committed and tried by Additional Sessions Judge (Fast Track) No.1, Tonk.

(3.) THE charges have been framed against the appellants for the offences under Sections 449, 302 in alternate 302/34, 323 in alternate for offence under Section 323/34 IPC. The charges were denied by the accused persons and they claimed to be tried. The prosecution has examined PW/1 Ramlal, PW/2 Badri, PW/3 Kajod, PW/4 Ramnath, PW/5 Dashrath Singh, PW/6 Usman Khan, PW/7 Govinda, PW/8 Dr. Hamid Hussain, PW/9 Lachha Ram, PW/10 Hansraj, PW/11 Girraj and PW/12 Narendra Singh to support its case. Prosecution has also relied upon documents Ex.P/1 to P/30.