STATE OF RAJASTHAN Vs. BUTARAM

JUDGEMENT

(1.) This State appeal has been filed to challenge the judgment dtd. 30/4/1999 passed in Sessions Case No. 8 of 1995, 43 of 1996 (new 16 of 1997) titled State of Rajasthan Vs. Butaram and Ranguram.

(2.) By the aforesaid judgment, Butaram and Ranguram were acquitted of the charges framed against them under Ss. 302, 307, 380, 396, 397, 460, 324, 325, 326, 323 and 148 read with Sec. 149 of the Indian Penal Code.

(3.) This is the case of the prosecution that in the night of 13/9/1993 unknown persons barged into the house of Ishwar Ram Soni in the village Lunkaransar and committed robbery and murder of Babu Lal. At that time, Babu Lal and Rajendra were sleeping over the top floor of the house of Ishwar Ram Soni and Guddi, Laxmi, Bali and Shanti were sleeping on the varanda. This is also stated by the informant that Kisturi and her son Santosh along with two minor child were sleeping in one room of the house. This is the further case of the prosecution that Ishwar Ram Soni had gone to Ajmer and Madan Lal was also not present in the house on the day of occurrence. According to the prosecution, around 3.45 AM in the night of 13/9/1993 unknown accused persons committed marpeet with Babu Lal and Rajendra and they also assaulted Bali, Guddi, Laxmi, Shanti and Kisturi and broke open the box in the house and took away valuable articles. In the occurrence, Babu Lal succumbed to the injuries on the spot and Guddi also died later on. On telephonic information given by Jagdish Prasad Pandey, the police from Lunkaransar Police Station came to the place of occurrence and Parcha Bayan of Ganpat Ram, who is the brother of Ishwar Ram Soni was recorded.