STATE OF RAJASTHAN Vs. KANTILAL S/O SHRI PREMARAM, BY CASTE MEGHWAL, R/O DAKATARA, PS BAGARA, DISTRICT JALORE

JUDGEMENT

(1.) The State Government has filed the instant Criminal Leave to Appeal against the judgment dated 18.06.2016 passed in Sessions Case No.37/2013 by the Sessions Judge, Jalore whereby the learned trial court while convicting the accused Duja Ram and Posaram, acquitted the respondent Kanti Lal from the charges levelled against him under Sec. 302/34 IPC. Another appeal has been filed by the complainant Ranchora Ram to challenge the same judgment whereby the respondent Kanti Lal was acquitted from the charges levelled against him for offence under Sec. 302/34 IPC. As per the facts of the case on 15.06.2013 at about 10:00 pm, the complainant Ranchora Ram (PW-1) submitted a report (Ex.P/1) at Police Station Bagra in which allegations were levelled by him that on 13.06.2013 in the morning at about 9:30 am, his brother Shankar Lal reached at Akhliya of the Village Dakatara on motorcycle. At that time, Duja Ram, Posaram, Suresh, Kanti Lal, Phata Ram, Hokiram, Jitu, Pinta, Bhota Ram, Pankhi Devi and Hukli Devi caused number of injuries by lathi to kill his brother Shankar. A specific allegation was levelled by the complainant Ranchora Ram against Duja Ram that he has inflicted injuries by lathi upon the head of his brother Shankar and thereafter all other persons inflicted injuries upon Shankar Lal. At the time of incident, wife of the deceased Shankar Lal, PW-2 Smt Chhati Devi and other family members namely Usha Devi, Smt. Talsi Devi, Rekha Kumari and their children intervened for his rescue.

(2.) As per the allegations of the complainant, after causing injuries, the accused ran away from the place of occurrence and the deceased Shankar lal was taken to Jalore Hospital by his family members from where he was referred for further treatment because he was in coma. The deceased was taken to Civil Hospital, Ahemdabad.

(3.) Upon the aforesaid complaint, the FIR No.70/2013 was registered at Police Station Bagra under Sec. 143, 307 IPC. The deceased Shankar Lal died at Civil Hospital, Ahemdabad on 18.06.2013, therefore, in the investigation, offence under Sec. 302 Penal Code was added. The police after investigation filed charge sheet against three persons namely Duja Ram, Posaram and Kanti Lal in the court of ACJM No.2, Jalore from where the case was committed to Sessions Court for trial.