RAM KISHAN AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ram Kishan, Dhanraj and Pappu, appellants herein, were put to trial before learned Special Judge, SC/ST (Prevention of Atrocities Cases) Kota, who vide judgment dated Aug. 17, 2002 convicted and sentenced them under section 302/34 Penal Code to suffer imprisonment for life and fine of Rs. 500.00, in default to further suffer simple imprisonment for six months.

(2.) It is the prosecution's case that on Aug. 12, 1992 at 2 PM informant Babu Lal (Pw.11) submitted a written report (Ex.P-13) at Police Station Sangpd to the effect that in the preceding night around 8 PM his brother-in-law Balram (since deceased) had gone to Hatai. Balram returned back at 9 PM in injured condition and told the informant that he was given beating by Ram Kishan, Dhanraj and Pappu. In the morning Balram was taken to Sangod hospital where he died. On that report a case was registered i under sections 302/34 IPC and Sec. 3 of SC/ST (PA) Act and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge, SC/ST (Prevention of Atrocities Cases) Kota. Charges under sections 302/34 Penal Code and Sec. 3 of SC/ST (PA) Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 CrPC, the appellants claimed innocence. One witness in support of defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) Learned counsel for the appellants while assailing the impugned judgment took us through the material on record.