BABU RAM; BHERU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Bheruram has been deceased during the pendency of the appeal which consequently stands abated with regard to him. The surviving Appellant Baburam stands convicted under Section 302/34, Section 323/34 IPC and sentenced to life imprisonment with a fine of Rs. 100 with default stipulation and three months rigorous imprisonment respectively by the District and Sessions Judge, Nagaur on 06.02.1988 in Sessions trial No. 77 of 1980.

(2.) The deceased Natharam was assaulted near the fields of Mangilal on 13.7.1980 at about 10:00 am. FIR was lodged the same day at about 3:20 pm Exhibit P/1 by PW-5 Tejaram son of the deceased. Twelve persons were named which included the Appellants and Mangilal. Cognizance against the ten others was quashed by this Court on 3.2.1986 under Section 482 Cr.P.C.

(3.) The informant stated that the deceased was assaulted on the head with a 'Farsi' by Mangilal and Appellant Baburam assaulted the deceased on his hands with a 'Farsi'. The others were stated to have generally assaulted the witness and the deceased. PW- 3, Budhram was named as an FIR witness. The motive was ascribed to enmity because the deceased had deposed against Mangilal in a case.