RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the conviction and sentence passed by Additional Sessions Judge. Sikar convicting the accused appellants Ramchandra and Phoola Ram Phoolchand u/s 302, I.P.C. for life imprisonment and a fine, of Rs. 500/- and in default of payment of fine three months simple imprisonment and accused Ramchandra and Deepa u/s 325, I.P.C. one years R.I. and a fine of Rs. 200 and in default of payment of fine, one month's simple imprisonment.

(2.) Accused persons and the complainant party are neighbours. According to the prosecution, Narain (P.W. 8) made a report at Police Station Khandela on 4-2-1984 at 1 P.M. to the effect that at about 9 A.M. on that day Sundaram was unloading his cart carrying stones in front of his house and suddenly, three accused appellants and five other co-accused persons etc. came out from their house and started beating Sundaram. Mst. Dakhli was at the Kheli where the she buffalo was drinking water. She was given beating by Ramchandra and Phool Chand, as a result of which, she fell down and died. Chandri (P.W. 11) and Sajna (P.W. 10) also came there and they were also given beating. Meanwhile, Narain and Ramchandra and Jawahare came there and thereafter the accused persons left the place. Sundaram (P.W.9) was admitted in hospital. Deceased Dakhli was examined by Dr. Satya Narain Sharma (P.W. 3) who did not find any external injury and therefore, a Medical Board consisting of Dr. V.K. Khanna (P.W. 2) Dr. B.L. Khandelwal (P.W. 4) and Dr. KL. Gupta was constituted and the postmortem was also conducted.

(3.) After usual investigation, the police challenged the case before the Magistrate, who committed the 8 accused to Sessions Learned Additional Sessions Judge; Sikar after recording evidence, acquitted five accused persons but found the three accused appellants guilty of the offence charged against them and convicted and mentioned them as aforesaid. Hence, this appeal.