RAMPRATAP SON OF SHRI RAMPAL MEENA, AGED ABOUT 28 YEARS, RESIDENT OF ASHAWALI DHANI, BISHANPUR, POLICE STATION HARMADA, DISTRICT JAIPIUR, (RAJ.) Vs. STATE OF RAJASTHAN THROUGH PP.

JUDGEMENT

(1.) Phool Chand and Rampal, two brothers being sons of Late Ganesharam, along with Smt. Bhagwati Devi wife of Rampal were tried along with Rampratap son of accused Rampal and Smt. Bhagwati Devi. The court of Additional Sessions Judge, Chomu, Jaipur District, vide impugned judgment dated 9.1.2014, recorded acquittal of Phool Chand, Smt. Bhagwati Devi and Rampal and held the appellant Rampratap guilty of offence under Sec. 302 IPC. Having convicted the appellant Rampratap for the above said offence, the trial court sentenced the appellant to undergo life imprisonment and to pay a fine of Rs.10,000.00, in default of payment of fine to undergo one year additional imprisonment.

(2.) To assail his conviction and sentence, the appellant Rampratap has filed D.B. Criminal Appeal No. 183/2014, whereas State of Rajasthan to challenge the acquittal of Phool Chand, Smt. Bhagwati Devi and Rampal, has filed D.B. Criminal Appeal No.555/2014. We shall decide both these appeals together by this common judgment.

(3.) The criminal proceeding were set into motion on the statement (Exhibit-P/5) made by Arjun (P.W.2) before ASI, Kishan Lal not examined. The statement of Arjun (P.W.2) leading to registration of FIR (Exhibit-P/17) bearing No.365/2009, registered at Police Station Harmada, when translated into English, reads as under:-