MUNNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 25-9-2004 passed by Additional Sessions Judge (Fast Track), Karauli, in Sessions Case No. 16/2004 State of Rajasthan vs. Munna, whereby the appellant was convicted and sentenced for offence under Section 302 of the Indian Penal Code and to suffer imprisonment for life with a fine of Rs. 2000/- in default to further undergo simple imprisonment for three months.

(2.) IT is the prosecution case that informant Hari reached Police Sapotara at about 3 p. m. on 10-8-2000 and submitted a written report (Ex. P. 1) to the effect that on the date of incident at about 9 a. m. he along with his brother Ramli alias Ram Lal and Ramkesh were grazing their bufallows in the pasture land of Gazupura. Then Munna, Gulab, Kanhaiya, Ramdayal, Prathvi and Giriraj Meena, all residents of Gazupura, armed with lathi and Kulhari (axe) came abusing and asked as to why they were grazing bufallows in the pasture land. In the attack, Munna inflicted a lathi blow on the head of Ramli alias Ram Lal who fell down and became unconscious. When informant Hari and his brother Ramkesh tried to save Ramli, Gulab inflicted lathi blow on the head of Ramdayal and Prithvi inflicted one blow on the back of the informant Hari. Likewise all these persons of Ramkesh. They all fell on the ground and cried for help so they were saved by Roop Chand, Shriphool, who were nearby grazing their bufallows. Ramli alias Ram Lal was then taken to hospital at Sapotara for treatment but he succumbed to the injuries in the hospital. On that report case under Sections 147, 148, 149, 323, 302 IPC was registered and investigation commenced. After usual investigation charge-sheet was filed. In due course the case came up for trial before the Sessions Judge, Karoli. Charges under Sections 302, 323 IPC were framed against the accused Munna, who denied the charges and claimed trial.

(3.) INJURED Ramkesh (P. W. 2) vide Injury Report (Ex. P. 6), received following injuries: (1) Lacerated Wound with bleeding 6 cm x 2 cm x skin muscle up to bone depth upper part of Rt. Side of occipital bone and skull. (2) Contusion with irregular swelling 5-5- cm x 2 cm Lt. Side of occipital bone and skull.