DAULAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment, dated 10.1.1994, passed by learned Sessions Judge, Jhalawar whereby the accused -appellants have been convicted for the offence under Section 302 read with Section 34 IPC and sentenced each of them to undergo life imprisonment and pay fine of Rs. 2,000/ - each, in default of payment of fine, further undergo one year's rigorous imprisonment.

(2.) THE brief facts giving rise to this appeal are that on 11.9.1992 a written report Ex. P. 11 has been given in Police Station, Bhawani Mandi by one Pritam Singh son of Gopal alleging therein that after attending the SDM Court, while he was going back to his house and reached at the shop of Bheru Singh, he saw that his cousin Foza Singh was starting his motor cycle and all of a sudden Deep Chand his son Hukan Chand, his brother Daulat Ram and Ganesh son of Daulat Ram armed with sword and daggers attacked on Foza Singh. Deep Chand has given sword blow to Foza Singh at head. Foza Singh fell down from the motor cycle. Then Hukam Chand, Daulat Ram and Ganesh have also given dagger blows. To save himself, Foza Singh entered in the Shop of Bheru Singh and closed the shutters and bolted from inside. These accused -appellants chased him and broke open the doors and again gave beating to him and killed him. At the time of incident, Bheru Sihgh, Shiv Raj Singh, Madan Singh, Kalu Singh and Mukand Singh were present. On the basis of this report, FIR Ex. P 12 has been chalked out. The case has been registered under Section 302 IPC.

(3.) BEING aggrieved with the judgment of Trial Court the accused -appellants have preferred this appeal.