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 u/s 302/34 of the Indian Penal Code and sentencing them to imprisonment for life and a fine of Rs. 250/ -. In default, two months regorous 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 frount yard 'guwarh' with sticks in their hand. As soon as Ramji Lal abd 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 u/s 302/34 and tried.

(3.) FACTUALLY, in this case, Ramjilal had died three days after the incident. It was then argued by the learned counsel that inspite of the fact that the incident too place in the evening and both the deceased persons were seriosly injured, no attempt appears to have been made to give medical aid to either of them. They were simply removed to their house and kept on cots. According to the learned counsel, even on this point, in evidence there is material contradictions.