BABU LAL MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals are preferred against the judgment dtd. 19/5/2017 passed by learned Additional Sessions Judge, Karauli (for short "the Learned Trial Court"). in sessions case No.32/2012 (40/2009) whereby, while acquitting the accused-appellant Babu Lal Meena for the offence under Sec. 148 of IPC and accused-appellant Ramji Lal for the offence under Ss. 148 and 302/149 of IPC, they have been convicted and sentenced as under:-

(2.) The relevant facts in brief are that based on the parcha bayan of injured Manroop dtd. 27/7/2008, an FIR No.132/2008 came to be registered at Police Station Mandrayal, District Karauli for the offence under Ss. 147, 148, 149, 323, 307 and 302 of IPC against the accused-appellants and co-accused persons. It was alleged therein that in the night of 26/7/2008 at about 11:00 PM, when Karan Singh- his brother was on way to his home, appellant-Babulal has beaten him and when persons from their side arrived at the spot, the appellant and their family members, armed with deadly weapons, attacked them. It was further alleged that the appellant Babulal inflicted an axe-blow on the head of Bhanwar S/o Motilal with an intent to cause his death. During the course of treatment, Bhanwar expired. After investigation, police filed charge-sheet against the appellants and co-accused persons.

(3.) Charge for the offence under Ss. 148, 323 and 302 of IPC was framed against the appellant Babulal whereas, against appellant Ramjilal, charge under Ss. 148, 302/149 and 323 of IPC was framed. The appellants pleaded not guilty and demanded trial. After trial, they have been convicted and sentenced by the learned trial Court vide judgment impugned dtd. 19/5/2017, as stated hereinabove.