RAMLAL SAHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.7.2011 passed by Additional Sessions Judge (Fast Track) No. 1, Jaipur in Sessions Case No. 98/2010 by which the Judge convicted the present appellant for the offence under Section 302 I.P.C. to life imprisonment with a fine of Rs. 2,000/-, in default of payment, further two months rigorous imprisonment.

(2.) The brief facts of the case are that on 23.6.2010 complainant Mukesh Kumar (PW-7) lodged a written report at Police Station Bassi, District Jaipur alleging therein that on 14.6.2010 his brother Dinesh Kumar came to his in-laws village Gadoli from Sawaimadhopur along with his wife and children at around 12-1 PM and after leaving his children and wife Parvati Devi went along with Dr. Gajanand at around 6 PM from village Gadoli and reached at Gothda Bus Stand at Choudhary Dhaba for taking food where they consumed liquor and also took the food. A barber was also along with them who later on left their company and Dr. Gajanand and his brother Dinesh slept at Dhaba. In the morning, a person was found lying unconscious behind the bus stand of Gothda who was taken to Bassi Hospital in an ambulance from where he was referred to SMS Hospital, Jaipur and admitted in Polytroma ward. On 17.6.2010 his uncle Rajendra informed him on telephone that Dinesh was beaten up by someone else who is admitted in SMS Hospital, Jaipur in serious condition. On receiving the information, his brother Santosh along with his relative Jagdish reached there and saw the grievous injuries on the knee of left leg and head of his brother. He came in his senses only for 20 minutes and on asking about the injuries, it was disclosed by his brother that the driver and the Dhaba owner beated him and no accident had taken place and thereafter his brother Dinesh again got unconscious.

(3.) It is stated that the complainant made efforts to save Dinesh but he could not survive and ultimately expired on 17.6.2010 at 6:10 PM. His brother Dinesh was beaten up by Dhaba owner and the driver along with their associates and caused severe injuries as a result of which he died. On this report, Police registered a case for the offence under Section 302 I.P.C. and recorded the statements of various witnesses and after conclusion of the investigation submitted a challan against the present appellant as well as two more co-accused namely; Hanuman and Suresh before the Additional Chief Judicial Magistrate Bassi, District Jaipur.