RAM DHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal seeks to challenge the judgement of the learned Court of Sessions dated 19.02.1986 passed by Sessions Judge, Sawaimadhopur (Camp in Gangapurcity) in Sessions Case No.75 of 1985, whereby accused-appellants have been convicted for offence under Section 302/34 of IPC and sentenced to imprisonment for life with fine of Rs.100 each, in default whereof, each of them was directed to undergo rigorous imprisonment for one month.

(2.) As per the report of Senior Civil Judge and Additional Chief Judicial Magistrate, Gangapur City dated 29.08.2017, the accusedappellant no.2 Ram Swaroop died on 20.12006 and, therefore, the appeal filed by him abates, however, the appeal survives in respect of accused-appellant no.1 Ram Dhan.

(3.) The facts of the case are that the FIR No.39/1984 was registered at the Police Station Karauli on the basis of report of one Heera Lal S/o Shri Shanker, by Caste Meena, Resident of Village Petroli, about the incident alleged to have taken place at 2.30 PM on 16.02.1984. In the said report as many as eight persons namely; Ram Dhan, Ram Prasad, Vishram, Narayan, Ram Swaroop, Harswaroop, Sardar and Ramlal were named to be the assailants, who were responsible for murder of Badri. The prosecution case, as per the said report, was that the agriculture fields of the deceased Badri and that of Ram Dhan adjoined each other. On 16.04.1984 at 2.30 PM all the eight accused persons were working in the field of Ram Dhan. Ram Dhan was repairing the boundary wall of the two fields which was objected to by the deceased, Badri. It was further alleged that the appellants Ram Dhan and Ram Swaroop inflicted 'lathi' blows on Badri, while the remaining six co-accused gave fist blows to Badri. The prosecution case further was that injured, Badri was taken to the hospital at Karauli at about 4.00 PM on 16.02.1984. Sarpanch of the Village Panchayat had also accompanied the injured. However, no report was lodged at the Police Station, Karauli on 16.02.1984 as per the prosecution case. The aforesaid report was lodged at 12.40 PM on 17.02.1984 at the Police Station, Karauli. However, Badri died at 4.00 PM on 16.02.1984. After the registration of the case, the police submitted a challan against all the eight accused persons named in the first information report. All the eight accused persons were tried in the court of the learned Sessions Judge, Sawaimadhopur (Camp at Gangapurcity) in Sessions Case No. 75/1985. After the completion of the trial, the learned Sessions Judge convicted and sentenced the accused-appellants under Section 302 read with Section 34 IPC, as stated above, while the remaining six accused were acquitted vide impugned judgment dated 19.02.1986. Hence this appeal.