RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) :- In these appeals, appellants have challenged the judgment and order dated 31-1-2006 of the learned additional Sessions Judge (Fast-Track), No. 3 Ajmer, Camp-Krishnagarh, in Sessions case No. 27/2005, whereby appellant-Ram lal (in Appeal No. 201/06) and appellant-Nanda Ram (in Appeal No. 133/06) were convicted and sentenced as under :-u/s. 365, I. P. C. : three years rigorous imprisonment and fine of Rs. 500/- each. In default to further suffer one month's simple imprisonment; u/ss. 302/34, I. P. C. Rigorous imprisonment for life and a fine of Rs. 1000/- each. In default to further undergo two month's simple imprisonment; all the sentences were ordered to run concurrently.

(2.) BRIEFLY stated the prosecution story is that informant Dhanna Ram (P. W. 7) r/o sursara made a written report on January 9, 2005 at Police Station Roopangarh, wherein it was stated that on previous day at about 8 p. m. , Ram Lal r/o Harmada came to his village and asked his brother Kishna ram to accompany him to his village on motor-bike for treatment of his ailing goat by way of 'jhada' (rural belief of treatment by way of utterances ). After about one and half hour, the informant came to know that kishna Ram had been put to death and was left lying at a distance of 3 kms. enroute to village Bhojiyawas, by Ram Lal and his companions. Ram Lal harboured a grudge against Kishna Ram on account of his role with regard to the dispute pertaining to 'nata' (a type of second marriage as per cus-toms), with his wife and had taken Kishna ram on a pretext so as to put him to death. Informant was told by one Rameshwar Mali that his brother was lying unconscious in the jungle, so Kishna Ram had to be shifted to Ajmer as his condition was serious.

(3.) ON receipt of the above report, a case under Ss. 365/307, 323, I. P. C. was registered and the Investigation commenced. Kishna Ram succumbed to the injuries on january 9, 2005 at 9. 45 p. m. and autopsy on the deadbody was performed on January 10, 2005 at 1 p. m. at J. L. N. Hospital, ajmer. During the investigation, offence under S. 302, I. P. C. was added, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation, charge-sheet was filed. In due course, the case came up for trial before the Additional Sessions Judge (Fast Track) No. 3, Ajmer. Charges under ss. 365, 302 or 302/34, 323/34, I. P. C. were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of the case, examined as many as 23 witnesses. In explanation under s. 313, Cr. P. C. , the appellants claimed innocence and stated that the deceased kishna Ram had voluntarily accompanied them. In defence, D. W. 1 Kishan Lal resident of Harmara was examined.