CHANDAGI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MY brothers Who soothe And heal MY wounds But I know Oh! I know By the time The wounds will heal Their pared nails Again will grow. '' Perhaps Bajrang Lal while dying, would have similar thoughts. Bajrang Lal had three real brothers. Greed of agricultural land dragged them to the court of law where they were litigating. Bajrang Lal and Babu Lal were on one side, whereas Chandagi Ram and Mohar Singh stood on the other side. On the allegation of murder of Bajrang Lal charge sheet was filed against Chandagi Ram and Mohar Singh and they were put to trial before the learned Additional Sessions Judge Khetri, who vide judgment dated August 16, 2004, convicted and sentenced them as under:- Chandagi Ram u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months. Mohar Singh: u/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for six months.

(2.) ON May 13, 2000 at 7. 10 AM Babu Lal (PW. 1) submitted written report (Ex. P. 1) at Police Station Khetri Nagar stating therein that on May 12, 2000 around 9 PM Chandagi Ram and Mohar Singh inflicted blows with axe and lathi on the head and chest of Bajrang Lal and killed him. ON that report a case under section 302/34 IPC was registered and investigation commenced. Dead body of Bajrang Lal was subjected to autopsy. Necessary memos were drawn, statements of witnesses were recorded and Chandagi Ram and Mohar Singh (appellants) were arrested and on completion in investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Khetri. Charge under section 302 alternatively 302/34 IPC was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 19 witness. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. Chandagi Ram stated that on the day of incident Bajrang Lal armed with lathi came to his house and started beating him as a result of which his hand was fractured. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

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