TARACHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this Criminal Appeal under Sec. 374(2) of the Code of Criminal Procedure, the appellant has assailed the judgment and order dtd. 6/4/2023 passed by learned Sessions Judge, Udaipur, in Sessions Case No. 111/2022 arising out of FIR No. 18/2022, Police Station Gogunda, District Udaipur, whereby the learned Trial Court has convicted and sentenced the appellant as detailed hereinbelow.

(2.) The brief facts emerging from the record indicate that complainant Shri Kanaram (PW-09) lodged a written report (Ex.P-10) at Police Station Gogunda, District Udaipur on 8/1/2022, stating that on 7/1/2022 at about 11:00 p.m., while he was at his house, he heard loud cries coming from the direction of the house of his elder brother, Hemera s/o Dalu Gameti (aged 40 years). On hearing the noise, he along with his elder brother Jota Gameti, neighbour Panna, and his sister-in-law Bhanwari Bai went towards Hemera's house, where they saw his nephew Tara Gameti assaulting Hemera. Out of fear, Hemera moved towards the hand pump located near Mahadevji temple, but Tara allegedly followed him with a lathi and inflicted multiple blows indiscriminately on his head and body, causing Hemera to fall unconscious near the hand pump. When they approached, they noticed excessive bleeding and found that Hemera had died on the spot.

(3.) It was further stated that Tara Gameti would frequently quarrel and fight with Hemera over trivial issues and that the death had occurred due to the beating allegedly given by him. As it was late at night and no means of transportation were available, the complainant could not report the matter immediately. On the basis of this written report, FIR No.18/2022 (Ex.P-14) was registered for offences under Ss. 341 and 302 IPC, and investigation commenced. Upon completion of the investigation, a charge-sheet was filed on 8/3/2022 before the Court of the Additional Chief Judicial Magistrate, Gogunda, Udaipur for offences under Ss. 341 and 302 IPC, and the case being triable by the Court of Session, was committed to the Sessions Court for trial.