CHOGA RAM BHEEL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellants under Sec. 374 (2) Crimial P.C., 1973 assailing the validity of judgment dated 9.8.2012 passed by learned Sessions Judge, Rajsamand in Sessions Case No. 45/2011 (State of Rajasthan Vs. Choga Ram and Anr) arising out of FIR No. 82/2010 Police Station Kelwara whereby the learned trial court convicted the appellants for offence under Sec. 302 Penal Code and passed the sentence for life imprisonment.

(2.) As per the facts of the case, on 04.06.2010, the complainant Uda Ram (PW-13) S/o deceased Chamna Ram, submitted a written report at Police Station Kelwara stating therein that on 03.06.2010, when he came from well after taking water, he saw that appellants were giving beatings to his father and took him towards their house and due to that, Chamna Ram succumbed to injuries sustained by him. Upon the aforesaid report, an FIR No. 82/2010 was registered under Sec. 302, 365, 34 Penal Code at Police Station Kelwara and SHO commenced the investigation.

(3.) During investigation, the appellants were arrested and necessary proceedings at the place of occurrence was conducted and dead body of the deceased Chamna Ram was sent to the hospital by the investigating officer. In Primary Health Centre, Kelwara, the medical officer PW-11 Dr. Kripa Shankar and PW-12 Dr. Vivek Shukla conducted the postmortem of the body of the deceased Chamna Ram and gave its report Exhibit P-32 in which 10 injuries were reported upon the body of the deceased. The postmortem report was obtained by the investigating officer for investigation and after conducting complete investigation, filed charge sheet against the appellants in the court of Judicial Magistrate, First Class, Kumbhalgarh under Sec. 302, 365/34 IPC. The learned Magistrate, committed the case for trial to the court of learned Sessions Judge, Rajsamand but later on, the case was transferred to the court of Addl. Sessions Judge (Fast Track) Rajsamand. However, due to abolition of Fast Track Courts, the matter was again transferred to the court of Sessions Judge, Rajsamand.