VIJAY PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the aforesaid matters, have arisen out of the common judgment dtd. 6/8/2016, passed by learned Addl. District Judge No.3, Bikaner, in Session Case No.47/2012 by which the learned Trial Court convicted the accused Vijay Pal from offence under Sec. 302 IPC and sentenced him to undergo life imprisonment along with a fine of Rs.10,000.00 and in default of payment of fine to further undergo one month's RI and acquitted the accused respondents- Satpal, Bhupram and Balwant from the offence under Sec. 302 or 302/34 IPC.

(2.) Criminal Appeal No.764/2016 filed by accused Vijay Pal against his conviction. Whereas, Criminal Appeals No.855/2016 and 242/2018 filed by the complainant as well as State against acquittal of the respondents- Satpal, Bhupram and Balwant.

(3.) Brief facts necessary to be noted for deciding the controversy are that on 8/5/2010, complainant Omprakash (PW/1) submitted a written report at Police Station Chhatargarh, to the effect that on hearing commotion and cries raised by his father, he along with Rajiram proceeded to the vicinity of one Brijlal Bishnoi. There, they observed the accused persons assaulting his father. Specifically, the accused-Vijaypal strangling his father's neck, while the other accused were physically assaulting him. On raising hue and cry, the accused persons fled the scene. Due to the strangulation, his father succumbed his injuries.