RUPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An oral report lodged by informant Kalu Ram set the police of Police Station, Salamgarh, District Chittorgarh in motion, who after investigation submitted challan against the appellant Rupa and Bhanwar Lal for the offence under Sections 302 and 323/34 I.P.C. before the Additional Sessions Judge (Fast Track), Pratapgarh by which accused Rupa was convicted vide judgment dated 7.2.2002 for the offence under Sections 302 and 323/34 I.P.C. and sentenced to undergo life imprisonment with a fine of Rs. 500/-; in default of payment of fine to further undergo 1 month s rigorous imprisonment and also 1 year s rigorous imprisonment with a fine of Rs. 500/-; in default of payment of fine to further undergo 1 year s rigorous imprisonment respectively, against which accused Rupa has preferred this appeal. The other accused Bhanwar Lal expired during the pendency of trial against whom the proceedings were dropped by the trial court.

(2.) Briefly stated the facts are that on 24.6.2000 at about 8.15 a.m., an oral report by Kalu Ram was lodged in Police Station stating inter-alia that between the intervening night of 23/24.6.2000 at about 2.00 a.m. Lalu son of Bagdi Ram informed him at his residence that when he along with Rameshwar, Mangu and Ganesh were sleeping near Ninor pond then at about 1.00 a.m., 3-4 people having wrapped their faces with cloth came armed with lathies and sword and started beating Rameshwar. All the three he including Mangu and Ganesh out of fear ran away from there and were also chased by these people. Rameshwar received a knife injury and he is lying near the pond. On this information he along with Sarpanch Fakru, Deva, Gopal, Puna, Khushal went on the spot and found that Rameshwar has already died because of the injury received. On this information, a case under Section 302/34 I.P.C. was registered and after investigation challan was filed.

(3.) The accused-appellant denied the charges levelled against him under Sections 302 and 323/34 I.P.C. and claimed for trial. The prosecution in all produced 20 witnesses and got exhibited documents Ex.-P/1 to Ex.-P/24.