RAM SAHAI AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-appellants Ram Sahai and Ram Avtar challenging the judgement of Court of Sessions, Tonk dated 21.06.1991, whereby they were convicted for offence u/s.302 IPC read with Section 34 IPC and sentenced to life imprisonment with fine of Rs.100 each, in default of payment of which, they were to further undergo simple imprisonment of one month.

(2.) The facts of the case are that Ram Lal Son of Hardeva lodged a written report with the Police Station, Piplu on 01.08.1989 wherein it was alleged that he received an information in the village that dead body of a person was lying on the way near Deengra which proceeds to village Kutka. On receiving this information, being a member of the Gram Panchayat, he reached at that place and found dead body of Madya, resident of village Beejwad. It was also mentioned in the report that the deceased received various injuries on his person. On receiving the aforesaid information, a case for offence under Section 302 IPC was registered at Police Station, Piplu (Tonk) and investigation commenced. After completing the investigation, the Investigating Agency filed charge sheet against both the accused appellants. The trial court then framed charges against them. Both the accused-appellants denied the charges and claimed to be tried. The prosecution produced as many as 24 witnesses and exhibited 51 documents. The accused appellants were examined under Section 313 Cr.P.C. and they produced two witnesses alongwith certain documents in their defence. After hearing both the parties, the learned Sessions Judge, Tonk convicted both the accused-appellants for offence under Section 302 read with 34 IPC as stated above. Hence this appeal.

(3.) We have heard Shri Biri Singh, learned senior counsel assisted by Shri Rajesh Choudhary, learned counsel for accused-appellants and Smt. Sonia Shandilya, learned Public Prosecutor for the State.