BHAGGA S/O KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed by the appellants under Section 374 Cr.P.C. the judgment dated 05th of December, 1992 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur (trial court) in Session Case No.52/1991 is under challenge, whereby the learned trial court convicted the appellants for commission of offence under Section 302/34 of IPC and passed sentence for life imprisonment with a fine of Rs.100/- against each with the default stipulation to further undergo one month's simple imprisonment.

(2.) As per facts of the case, the S.H.O., Police StationVallabhnagar, District Udaipur, after rerecording information of the incident in 'Rojnamcha' reached at the place of occurrence on 18.05.1991, and recorded statement (Ex.P./2) of complainant, Smt. Chunni Bai at 02.25 PM and registered FIR No.34 on 18.05.1991 against the appellants for the offence u/s 307 of IPC and after death of deceased Hukma @ Hukami Chand, converted the offence to 302 of IPC and dispatched the FIR (Ex.P/7) to the concerned magistrate at 07.00 PM on 19.05.1991 but it was received in the court at 11.30 AM on 20.05.1991.

(3.) In the statement of Smt. Chunni Bai (Ex.P/2), upon which FIR No.34/1991 was registered, following allegations were levelled by her against the appellants, which is reproduced herein below: