RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment passed by the trial court convicting and sentencing the accused appellant under Section 302 and 448 IPC.

(2.) RAMESHWAR (PW 6) submitted a written report (Ex. P 5) to Station House Officer, Police Station, Mania, Dholpur on the basis of which FIR (Ex. P 7) was recorded at 10.15 p.m. In the report, it was mentioned that on that day at about 8 p m. in the evening, he heard some noise in the shop of Nawal Singh, so he along with Roshan Lal, Bhuri, Nawal Singh, Ram Prasad went to the spot, where Ramesh (accused appellant) with five other persons was beating Satish Chand Patwari (deceased) by 'Hathoda', Basuli' etc., thereafter, accused persons dragged Satish Chand towards their house. These persons intervened and took Satish to the Police Station. On the way, Satish Chand expired. A case was registered under Sections 302, 147, 148, 149 1PC. After usual investigation, the case was challaned in the court of Magistrate, who committed the case to the court of Sessions, who after recording evidence, convicted and sentenced the accused appellant as aforesaid. Hence, this appeal.

(3.) THESE words have been added lateron and are with different ink and pen because the carbon copy of the same which is available on the record at page B 9/6 does not contain these words. Similarly these, words have been added in Ex D 3, statement of Roshan Lal, recorded under Section 161 Cr. PC which are not available on the carbon copy Ex. D 4. Similarly, these words have also been added in the statement recorded under Section 161 Cr. P.C. of Bhuri Singh (Ex. D 5) and which are not available in the carbon copy (Ex. D 6). He has further drawn our attention to Ex. P 8, the statement under Section 161 Cr. P.C. of Ramnarain wherein these words have been added but they do not occur in the carbon copy which is available at page B 9/5.