CHAINA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal has been preferred to challenge the judgment of the learned Addl. District & Sessions Judge (Fast Track) Jodhpur dated 24th July, 2002 by which the appellant Chaina Ram S/o Koja Ram, by caste Bishnoi, resident of Binayakpur Bhawad, Police Station Mathaniya, District Jodhpur has been convicted under Section 302, 325, and 232 IPC and sentenced to under to life imprisonment under Section 302 IPC with a fine of Rs.1000/- and in default to payment of fine to undergo three months RI, under Section 325 IPC three years RI with fine of Rs.500/- and in default thereof to undergo one month's RI and under Section 323 IPC sentenced for one year's RI.

(2.) As per the prosecution case on 27th Oct., 2001 complainant Sukhram submitted a Tahrir report Ex.P/7 to the SHO, Police Station Mathaniya stating therein that yesterday night he went to house of his elder father's son's Jagram's home. When they were talking in the night at about 10.00 PM they saw some fire in the Dhani of accused Chaina Ram. They all ran to reach there. Jagram reached there first and after him he (Sukhram) and one Hukamaram rushed to spot. Jagram tried to control the fire then the accused Chaina Ram hit with the Kassi on the head of Jagram whose head broke down and he fell down there. Chainaram inflicted more injuries on the legs of Jagram by Kassi. By this time Hukmaram, Joraram, Bhakharram, Chainaram and Budharam reached near and tried to intervene then the accused Chainaram ran after them. When they tried to brought Jagram at Jodhpur, he died in the way, therefore, they again went to the Dhani of Jagram.

(3.) On the report of Sukhram (Ex.P/7), a case no.169/2001 under Section 436 and 302 IPC was registered and after investigation, the challan was submitted in the court. The charges under Section 323, 325 and 302 IPC were framed by the court, which were denied by the appellant and appellant sought trial. Prosecution produced as many as 18 witnesses and 29 documents during trial.