GEHRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Section 374 (2) Cr.P.C., 1973 has been filed by the accused appellants against the judgment dated 22.02.2013 passed by learned Addl. Sessions Judge No. 5, Udaipur (for brevity, hereafter referred to as Trial Court') in Session Case No. 16/2012, arising out of F.I.R. No. 58/2008 of Police Station-Jhadhole, District Udaipur, whereby the appellant No. 1-Gehri Lal was convicted for offence under section 302 of IPC, appellant No. 2-Shankar Lal was convicted for the offence under section 302/34 of IPC and appellant No. 3 was convicted for offence under Section 302/34 and 323 of IPC and following sentence was passed against them, which reads as under: <FRM>JUDGEMENT_183_LAWS(RAJ)8_2017_1.html</FRM>

(2.) As per facts of the case, a report (Ex.P/1) was submitted by PW.1-30 Bheemraj Gayri before the S.H.O., Police Station-Jhadole, District Udaipur on 03.06.2008 alleging therein that he along with his brother Rodi Lal (deceased) went to the house of Bheru Lal for dinner, where the appellants came for dinner. In the dinner for some money transaction, a quarrel took place, in which some hot discussion occurred and accused appellant Tulsi Ram eschewed the finger of deceased, Rodi Lal. Thereafter, the complainant along with his brother Rodi Lal were going back to their house in between the way, the complainant was going ahead, suddenly heard the cries of Rodi Lal, who was behind him and saw that accused appellant Gehri Lal inflicted injury upon Rodi Lal. The complainant along with his brother Gumani Lal (PW.2), his wife Smt. Sansa (PW.4) moved for rescue and saw that Rodi Lal (deceased) fell down and accused Shankar Lal and Tulsi Ram were throwing stone upon Rodi Lal.

(3.) Upon aforesaid report (Ex.P/1), an FIR No. 58/2008 was registered at Police Station Jhadole, against the appellants under section 302/34 of IPC and investigation was commenced.