CHUNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals lay challenge to the judgment and order dtd. 5/10/1991 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities Cases) & Addl. Sessions Judge, Bikaner (for short 'the learned Trial Court') in Sessions Case No. 51/90, whereby the learned Trial Court convicted the appellants for offences under Sec. 302 read with Sec. 34 IPC and sentenced them to life imprisonment and to pay a fine of Rs.500.00 each and in default of payment of fine to further undergo two months' rigorous imprisonment.

(2.) During pendency of the appeals, appellant No. 1-Chuna Ram S/o Moda Ram (DB Criminal Appeal No. 359/1991) died on 28/9/2000 and vide order dtd. 27/1/2023, appeal qua the said appellant No. 1-Chuna Ram S/o Moda Ram was ordered to be abated. Furthermore, a report dtd. 29/7/2025 has been received from S.H.O., Police Station Gangashahar, Bikaner, stating that appellant No. 2 Hazari Ram son of Moda Ram (DB Criminal Appeal No. 359/1991) has also died and, therefore, appeal qua him stands abated as well. Accordingly, the present adjudication is being made only to the extent of surviving accused-appellants, namely Harsukh Ram and Sarwan Ram.

(3.) Brief facts of the case are that Badri Ram Saran (PW-9), the then SHO, Police Station Gangashahar upon receipt of information went to PBM Hospital, Bikaner on 5/12/1989, where deceased-Natthu Ram was admitted in an unconscious condition. The SHO recorded statement of Mangilal (PW-6), brother of the deceased.