LOONA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.09.2002 passed by the learned Additional Sessions Judge (Fast Track), Jodhpur whereby, he convicted and sentenced both accused appellants Loona Ram and Kachara Ram as under:

(2.) Facts leading to this appeal are that on 25.5.2002, at 9.30 pm, Bhoma Ram PW-14 filed a report at police station Khedapa that on the very day morning at 7.30 am, when his mother Smt. Gera Devi was returning from the open place after latrine, both the accused appellants came with lathis in their hands and obstructed her way. Accused appellant Kachara Ram inflicted lathi blow on the head to kill his mother, whereby, she became unconscious. When his father came running to see the incident, accused appellant Loona Ram also inflicted lathi and stone blows on him. Lalu Khan PW-12 and Raju Ram PW-15 reached on the spot and intervened. His mother was taken to M.G. Hospital, Jodhpur in unconscious condition.

(3.) On this information, police registered a case for offence under Sections 341, 323, 447 and 307 IPC. After registration of the case, Smt. Gera Devi died in the hospital. Her post mortem was conducted. Lathis from both the accused appellants were recovered and sent for examination. After usual investigation, accused appellant Kachara Ram was challaned for offences under Sections 341, 323 or 323/34 and 302 IPC and accused appellant Loona Ram was challaned for offences under Sections 341, 323 or 323/34 and 302/34 IPC before the court of learned Judicial Magistrate, Osiyan, who committed the case to the Court of sessions. The learned Sessions Judge framed the charges accordingly, to which, the accused appellants pleaded not guilty. Prosecution examined 16 witnesses. Statements of accused appellants were recorded under Section 313 Cr.P.C., wherein they denied the allegations levelled against them. No evidence was led in defence. After hearing the arguments, the learned trial Judge convicted both the accused appellants as indicated above.