MAHAVEER & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.4.90 passed by the District and Sessions Judge, Churu, by which the learned Sessions Judge convicted appellants Mahaveer and Lal Chand alias Laliya under Sec. 302/34 IPC for committing the murder of Triloka Ram on 18.8.87 at 11.00 a.m. in the Rohi of village Gogatiya Charan and sentenced each of them to undergo imprisonment for life and a fine of Rs. 500/- each and in default of payment of fine further to undergo six months rigorous imprisonment.

(2.) The case of the prosecution is that on 18.8.87 while Ganpat Ram and Likhma Ram the two sons of deceased Triloka Ram and Sanwar Mal the nephew of the deceased were cultivating their fields, Triloka Ram was, also, with them. He left the field to go for purchasing the fodder. While he was returning from the village after having a talk about the purchase of the fodder @ Rs. 100/- per quintal from Gouri Chand, the accused met him in the way and starting beating him. Mahaveer was armed with a Kulhari while Lal Chand was armed with a Lathi. The accused started giving beatings to Triloka Ram. Triloka Ram raised cries, which attracted Ganpat Ram, Likhma Ram and Sanwar Mal, who were in their fields. They immediately ran towards the place of the incident and saw the accused inflicting injuries to Triloka Ram. The witnesses gave a Lalkara and on seeing the witnesses coming, the accused ran away. These witnesses thereafter attended Triloka Ram and Triloka Ram informed them that accused Mahaveer and Lal Chand have inflicted injuries to him. Likhma Ram was sent to village to call PW. 3 Mani Ram for arranging a jeep to take Triloka Ram to the hospital. PW. 3 Mani Ram came at the place of the incident and thereafter went to Taranagar, brought a jeep and in the jeep Triloka Ram was taken to the Government Hospital, Taranagar, where he died after ten minutes of reaching the hospital. PW. 4 .Dr. H.S. Shekhawat first attended the deceased and thereafter performed the post-mortem on his deadbody. Ganpat Ram then went to Police Station, Taranagar to lodge the report. He lodged the FIR which was registered at Police Station, Taranagar at 3.00 p.m.

(3.) The prosecution, in support of its case, examined ten witnesses. The accused did not examine any witness in their defence. The learned Sessions Judge, after trial, convicted and sentenced the accused-appellants as stated above. It is against this judgment that the appellants have preferred this appeal.