RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the accused-appellant Radhey Shyam @ Raju against the judgment dated 31.03.2009, passed by learned Additional Sessions Judge, Bhadra, District Hanumangarh in Sessions Case No.09/2008 by which the appellant has been convicted for offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 10,000/-, in default thereof to further undergo three years' rigorous imprisonment.

(2.) The brief facts of the case are that on a complaint being filed on 16.04.2007 by Trilok Chand S/o Likhma Ram to the effect that on 27.03.2007 Subhash who is the resident of their Ward had a fight with Daulat Ram, Mukesh etc., a case was filed in the Police Station and Pyare Lal was a witness in that case. For this reason, Budh Ram, the brother of Daulat Ram was keeping enmity with Pyare Lal and also threatened Pyare Lal to kill him. On that day at around 9.00 PM, his brother Pyare Lal along with his niece Seema went to Ambedkar Chowk for having sugarcane juice. Suddenly Budh Ram S/o Dungar Ram, Sharman S/o Birbal Ram, R/o Ward No.19 and Radhey Shyam S/o Randheer attacked Pyare Lal. Budh Ram and Sharman caught hold of the hands of Pyare Lal and Radhe Shyam gave stab wounds with a knife and because of this Pyare Lal fell on the ground. He was immediately taken to the hospital where he was declared dead. On this complaint a formal FIR was lodged and the police conducted investigation.

(3.) After the investigation police filed a challan under Section 302 IPC against the accused-appellant Radhey Shyam.