DAULA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 14.5.87 passed by the learned Sessions Judge, Churu, in Sessions Case No. 3/85, convicting the appellants under Section 302/34 of the Indian Penal Code and sentencing them to imprisonment for life and a fine of Rs. 250/ - In default, two months rigorous imprisonment.

(2.) THE facts giving rise to this appeal are as under: at about 11.30 A.M. on 21st October, 84 a First Information Report was lodged by one Beeru Ram (PW/3) that on 20th October 84, at about 7.00 in the evening, Ramji Lal, his sons Bhanwra and Raju returned home from the field. At that time accused Daula Ram and his wife Bado were standing in the front Yard 'guwarh' with sticks in their hand. As soon as Ramji Lal and Bhanwra entered, they started beating them. Raju younger son of Ramji Lal ran inside the house. Ramji Lal was then felled to the ground and was beaten up. Then shanker, S/O Daula came and gave a stick blow on the head of Bhanwra. All the three accused gave stick blows on the head of Ramji Lal and Bhanwra, as a result of which both of them fell unconscious in the fore -ground. Seeing this incident of assault, Chando, W/O Ramji Lal and Raju S/O Ramji Lal shouted, hearing which Mukhram, PW/13 and Ganpat Gir PW/6 came there. Then also the three accused persons were beating Ramji Lal and Bhanwra with sticks. When one of them tried to separate them he was also injured. Then several people came from the village and the accused went home. Ramji Lal and Bhanwra were bleeding. They were carried into the house where Bhanwra died at 11.00 in the night and Ramji Lal was unconscious till the lodging of the report. After the Report was lodged, investigation started, accused persons were arrested and they were charge -sheeted for the offence of Sections 302/34 and 307/34 of the Penal Code. Thereafter Ramji Lal died and the accused persons were charged under Section 302/34 and tried.

(3.) THE learned Judge has, however, found the appellants not guilty of the offence of causing murder of Bhanwra, as there is no concrete evidence to come to the conclusion that any of them had given any blow to deceased Bhanwra. This finding of the learned Judge is not challenged by the prosecution. We see no reason to take any different view of the matter and we, therefore, affirm that finding.