SANWTA RAM. Vs. THE STATE OF RAJASTHAN.

JUDGEMENT

(1.) This criminal appeal under Sec. 374 (2), Cr. P. C., is directed against the Judgment dated 16.09.2002, passed by the Additional Sessions Judge (Fast Track), Ratangarh, District Churu, whereby appellant Sanwtaram has been convicted under Sec. 302, IPC, and sentenced to life imprisonment along with a fine of Rs.500.00, in default of payment of fine, he has further been ordered to undergo simple imprisonment for three months.

(2.) Briefly stated, the prosecution story as unfolded during trial is that on 30.04.2001, at 2.30 a.m., one Dharmaram s/o. Shri Ganesharam made a 'parcha-bayan' to the Police that in the night at around 10.30 p.m., Moolaram s/o. Laduram came to his residence and informed him (Dharma Ram) and his brother Kalyana Ram that at around 10.00 p.m., Sanwata Ram S/o. Bhagwana Ram, in order to do away with Jetha Ram, inflicted Barchhi blow on his head, who is lying near Khejra tree of the School.

(3.) On receiving this information, Dharma Ram, his brother Kalyana Ram and his cousin Nanu Ram went to the scene of the occurrence and found that Jetha Ram was lying in the pool of blood, having extensive injury on his head. They called Jetha Ram, but he did not respond as he (Jetha Ram) was lying unconscious. It was further averred in the Parcha Bayan that on raising hue and cry, Sanwar Mal s/o. Nanu Ram came to the scene of the occurrence. In order to shift injured to the hospital, he asked Sanwar Mal to bring a cattle-cart. He brought cattlecart, they lifted injured Jetha Ram and placed in the cattle-cart and proceeded for Ratangarh Hospital. On the way, request was made to Kanaram Jat s/o. Parsaram of village Champasi to arrange his bus, so as to reach hospital quickly. Accordingly, bus was arranged and injured was taken to the hospital, where he was declared dead. On the basis of the aforesaid Parcha Bayan (Ex.P-10), FIR (Ex.P-13) under Sec. 302, IPC, was registered and investigation commenced.