LAXMAN LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed under Section 374(2) Cr.P.C. to challenge the validity of the judgment dated 11.11.2008 passed by learned Addl. Sessions Judge-cum-Special Judge SC/ST Atrocities Cases, Pratapgarh in Sessions Case No. 39/2008 (4/2008) by which the appellant Laxman Lal was convicted for offence under Section 302 I.P.C. and appellants Smt. Bherki and Smt. Ambavi were convicted for offence under Section 302/34 I.P.C. and sentence for life imprisonment was imposed against the appellants with a fine of Rs. 1,000 each and in default of payment of fine to further undergo one month's R.I.

(2.) As per the facts of the case, a written complaint (Ex.P-28) was filed by the complainant PW-11 Rakba Meena before SHO, Police Station Devgarh at camp laddha. In the F.I.R. it was alleged that accused appellant Laxman Lal is having a joint land and well in the village with his family where every day for the purpose of irrigation of water to the crop quarrel took place in between the parties. Upon the boundary of both the agricultural field of complainant and accused party, the bamboos were fixed but a day before the occurrence Laxman Lal (appellant) cut the bamboos and on the date of incident 4.10.2006 in the morning at 8 O'clock again he cut one bamboo fixed upon the boundary therefore, the deceased Rajabai raised objection but accused Laxman Lal run towards Raja Bai to cause injury by axe.

(3.) Due to fear Rajabai run away from the place of occurrence but as per the allegation made by the complainant appellant Smt. Bherki and Smt. Ambavi insisted appellant Laxman Lal to kill her because she was quarrelling every day. In the F.I.R., it is submitted by the complainant Rakba Meena (PW-11) that appellant Laxman thrown Raja Bai in the well, at that time, the son Sharwan and daughter Geeta of Rajabai cried and started weeping, at that time, Kesari and Keshu Ram also came on spot for rescue.