NATHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE different stories appear in this case. The first story according to FIR declares accused Mohan Lal as the author of fatal injury received by the deceased on his head, whereas second story based on the evidence adduced at the trial, indicates that it was accused Pratap, who inflicted the fatal blow. On the other hand accused Nathu Ram has come forward with the third story by admitting that he himself gave a fatal blow when the deceased stripped Phooli naked. Let us find out the truth.

(2.) THE above named three accused are the appellants before us. THEy were put to trial before learned Additional Sessions Judge (Fast Track), No. 1, Jaipur District, Jaipur, who vide judgment dated June 11, 2004, while acquitting co-accused persons, convicted and sentenced them as under:- Mohan Lal U/s. 302 and Pratap Chaudhary and Nathu Ram: U/s. 302/34 IPC: Each to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. U/s. 323 IPC: Each to suffer rigorous imprisonment for six months. THE substantive sentences were ordered to run concurrently.

(3.) MALI Ram (Pw. 6) vide injury report (Ex. P- 35) also received following injuries:- 1. Abrasion 1. 8cm x 0. 2cm over lateral malledy of left foot. 2. Abrasion 0. 8cm x 0. 7cm over left knee joint antero lateral aspect. 3. Abrasion 1cm x 0. 2cm over lower end of left radius posterior lateral aspect of left wrist joint. 4. Abrasion 1. 5cm x 1cm over left knee joint anteriorly.