MAGNI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against judgment dated 17. 12. 07 passed by the Additional Session Judge, Nimbahera in Sessions Case No. 5/06, whereby the accused appellants have been convicted for offence under Section 302/34 IPC and sentenced to undergo life imprisonment with fine Rs. 1,000/-; in default in payment of fine to further undergo three months' rigorous imprisonment.

(2.) In the nutshell, the prosecution story may be summarized thus: On 23. 10. 05 at 6. 30 P. M. , Magani Ram s/o Bhagu Balai and Ganesh s/o Dal, residents of Geeda Kheda both having lathis in their hands, made Dayaram running ahead and while chasing him, when he reached in the guwari of Rughnath, Goverdhan & Prabhu Banjara, gave lathi blows on his head and other parts of the body. Dayaram fell down and blood started oozing out of his head. After belabouring Dayaram, Magani Ram and Ganesh fled away. Rughnath apprised Narayan (PW 1), the elder brother of Dayaram, about the incident occurred. On the information being received about the incident of beating at 7. 30 P. M. at village Bhatoli Gujaran. Narayan (PW 1) gave oral information to the Police Station, Bhadsoda. Dayaram, who was taken to the hospital at Sawanliyaji, after first aid was referred to the hospital at Udaipur, however, he died while on the way to Udaipur. Thereupon, the police registered the FIR for offence under Section 302/34 IPC and the investigation commenced.

(3.) During the investigation, necessary memos were prepared. Accused persons were arrested and at their instance, blood stained lathis were recovered. The blood smeared soil, blood stained baniyan of the deceased and lathis recovered at the instance of the accused Magani Ram and Ganesh were sent for examination to Forensic Science Laboratory. After inquest proceedings, body of deceased was subjected to autopsy by Dr. Parth Sarthi (PW 16).