MULA RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal under Section 374 Cr.P.C , 1973has been filed against judgment and order dated 18.09.2012 passed by Additional Sessions Judge (Fast Track), Balotra, HQ Barmer Camp Balotra in Sessions Case No.01/2009 (31/2008) whereby appellants have been convicted under Section 302 read with Section 34 IPC and sentenced to imprisonment for life along with fine of Rs. 1000/-, in default to further undergo one month's simple imprisonment.

(2.) Briefly stated the facts of the case are that on 08.10.2008 complainant Sata Ram submitted a written report (Ex.P/24) to the SHO, Police Station Sindhari, stating therein that in the previous night i.e. 07.10.2008, his son Kheta Ram was sleeping in his 'Bara'. At about 3:00AM, accused Mula Ram and Magha Ram armed with 'kulhari' (axe) and lathi entered into Bara and inflicted blows on the head of his son. His son raised hue and cry. Upon hearing his hue and cry his wife Pappu Devi, who was sleeping in the house, Mula Ram s/o Kisna Ram and Bhera Ram s/o Govind Ram from neighbouring houses, rushed to the Bara to rescue him. On seeing these persons, accused ran away from the place of incident. Thereafter, his son was taken to Sindhari hospital. At Sindhari hospital his son was referred to Jodhpur. On the way to Jodhpur, his son died.

(3.) On the basis of the written report (Ex.P/24), Police registered case vide FIR No.107/2008 (Ex.P/25) and started investigation. After investigation, challan was filed against Mula Ram, Magha Ram and Pata Ram s/o Likhma Ram. Charges were framed against the accused Mula Ram and Magha Ram for offence under Section 302/34 and 120 B IPC and against the accused Pata Ram for offence under Section 302 read with Section 120B IPC. The accused persons denied the charges and claimed trial.