KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been filed under Sec. 374 Cr.P.C. against the judgment dtd. 23/3/2004 passed by learned Additional Sessions Judge (FT), Chittorgarh in Sessions Case No. 3/2004 whereby the learned Trial Court convicted the appellant for offence under Ss. 302 IPC, 341 IPC & 323 IPC and passed the sentences as under:-

(2.) Brief facts of the case are that on 18/7/2003, an oral report was lodged by complainant Gheesu Lal Kumawat to the effect that on 17/7/2003 when he was returning to his village alongwith one Gopi Lal towards Rojada village after collecting the stray cattle, one person came armed with stick and threatened to take away stray cattle else he will kill them. Suddenly, the said person assaulted Gopi Lal with stick on his head and face and legs. Gopi Lal fell down and became unconscious. The complainant managed to pick him up and reached the well where, Kachru, Gheesu, Heera Lal, Ramlal came who took him to hospital at Chittorgarh.

(3.) The said report was forwarded to Police Station Chanderia having jurisdiction which registered the FIR No. 254/2003 for offence under Ss. 307, 341, 323 IPC and investigation commenced. The police initially filed chargesheet against the accused for offence under Ss. 307, 341, 323, however, after a period of three and half months, the injured Gopi Lal died, therefore, a supplementary chargesheet was filed for offence under Ss. 302, 341, 323 IPC. The case was committed to the Court of Additional Sessions Judge (FT), Chittorgarh whereas, charges of the case were framed.