BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed by the appellants under Section 374(2) Cr. P. C. , the judgment dated 30. 03. 2009 passed in Sessions case No. 49/2007 by the learned Addl. Sessions Judge, Anoopgarh, District Sriganganagar is under challenge wherby the learned trial court convicted the accused appellants for offences under Section 302 read with Section 34 IPC and passed the sentence for imprisonment of life along with fine of Rs. 1,000/- each and in default of payment of fine to further undergo three months rigorous imprisonment.

(2.) As per facts of the case, on 18. 09. 2007 at about 7. 30 am PW 1 Sandeep Kumar brother of the deceased Surjeet Ram @ Jeet Ram submitted a written report alleging therein that his brother Surjeet Ram @ Jeet Ram is running a tea shop in front of Gypsum Plant in Rawla Mandi. He used to assist him in the shop. Yesterday on 17. 09. 2007 at about 10 pm Bhanwar Lal and Om Prakash came to the shop of his brother Surjeet Ram @ Jeet Ram and all of them were consuming liquor, at that time upon an allegation of Om Prakash that Surjeet Ram @ Jeeta Ram is taking commission for providing employment as Driver, some hot discussion took place, therefore, complainant asked his brother to come with him at home, but all of sudden, both the appellants Bhanwar Lal and Om Prakash started beating to the deceased Surjeet Ram @ Jeet Ram. At that time, Harish came there and complainant made efforts for rescue of his brother Surjeet Ram, but Bhanwar Lal sit in the truck No. RJ-07-GA-1509, which was standing there and started the truck and hit his brother. The accused Om Prakash pushed his brother in front of truck, the truck hit the deceased Surjeet Ram @ Jeet Ram due to hit by truck the deceased Surjeet Ram @ Jeet Ram died on spot.

(3.) As per contention of complainant, after causing injury to his brother, the accused Bhanwar Lal ran the truck behind him, therefore, due to fear the complainant run away from the place of occurrence along with his friend Harish.