RAM DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAM Dev s/o Gopal, aged 19 years, has directed this appeal through jail to challenge the impugned judgment dated 11th February, 2005 rendered by Additional Sessions Judge (Fast Track), No.1, Kota whereby the appellant was convicted for offence under Section 302 IPC, and by a separate order of even date, the appellant was sentenced to undergo life imprisonment, and to pay a fine of Rs. 3000/ -, in default thereof, to further undergo three months of rigorous imprisonment.

(2.) SHRAWAN Lal (P.W.3) submitted a written complaint (Ex.P/1 -A) to Station House Officer, Police Station, Vigyan Nagar, District Kota wherein he stated that he is a resident of Village Ranpur where he stay alongwith his family. On 27th July, 2003 at about 7 P.M., he and his brother, Kanwar Lal after taking dinner had gone to the shop of Mahendra Kalal for smoking cigarette. When they reached there, they saw that Sanjay Nath had caught hold of hands of Mahendra, son of their uncle, by apprehending him. Ram Dev Gurjar with intention to kill was causing knife blows to Mahendra, their cousin. At that time, his companion Ramesh Gurjar and Kanha Yadav were giving him abuses. They were asking Ram Dev to kill him. Seeing the witnesses, the accused ran away from the spot. Mahendra was badly injured. He was brought to MBS Hospital, Kota where the doctor declared him dead. It was further stated in the complaint that his cousin Mahendra four -five days ago had a quarrel with four boys. Keeping the grudge in their mind, Ram Deo, Sanjay, Ramesh and Kanha had caused death of Mahendra. Mahendra had died due to the injuries on his neck. Report was presented, and it was prayed that action be taken against the accused.

(3.) ON the basis of written complaint (Ex.P/1 -A), formal FIR (Ex.P/18) was registered.