STATE OF RAJASTHAN Vs. HAZARI LAL

JUDGEMENT

(1.) These criminal appeals are directed against the judgment dtd. 22/12/2000 passed by the learned Special Judge (Communal Riots Cases) Tonk (for brevity 'the learned trial court') in Sessions Case No.39/2000, whereby, while acquitting the accused Hazari Lal of the charge under Sec. 302 IPC, he has been convicted and sentenced as under:-

(2.) The criminal appeal No.264/2002 has been preferred by the State being aggrieved to the extent the accused has been acquitted of the charge under Sec. 302 IPC; whereas, Criminal Appeal No.41/2001 has been preferred by the accused against his conviction and sentence, as supra.

(3.) The relevant facts in brief are that on 7/9/1999, the complainant Lala Nath (PW-3) submitted a written report (Ex.P4) to the SHO Police Station Piplu, District Tonk wherein, it was stated that at about 06.30 PM on 6/9/1999, the accused came to their house with a heifer calf with an allegation that the same belonged to them and used to graze his crop whereupon, his brother-Prahlad denied the allegation. It was alleged that thereupon, the accused got annoyed and started a scuffle with the complainant party whereafter, the accused rushed to his home and brought an iron rod (measuring 1 foot 8 inches, used in tractor by agriculturist and not a weapon of offence) and dealt with a blow on head of his brother-Prahlad which proved to be fatal. Based thereupon, an FIR No. 160 dtd. 7/9/1999 (Ex.P5) came to be registered under Ss. 302 and 323 IPC. After investigation, the accused was charge-sheeted and charges under Ss. 302, 326, 325 and 323 IPC were framed against him. After trial, he has been convicted and sentenced, as stated hereinabove.