MOONGLA & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal filed under Section 374 of the Code of Criminal Procedure (the Code, for short) is to the correctness of the judgment and order dated 26.7.2004 rendered in Sessions Case No. 72/2003 by the learned Addl. Sessions Judge (Fast Track), Bali, District Pali, by which both the appellants viz., Moongla and Waga (accused, for short) have been convicted for the offence under Section 302 read with Section 34 of the Indian Penal Code (Indian Penal Code.1, for short) and they have been sentenced to undergo imprisonment for life with fine of Rs. 1,000/- and in default of payment of fine to further undergo one year's rigorous imprisonment.

(2.) The prosecution case, as disclosed from the F.I.R. and unfolded during trial is that PW-10 Smt. Sami (wife of the deceased Babu) lodged a written report Ex.P-9 on 5.5.2003 at Police Station Singta Bhata stating inter-alia therein that she, her husband and her mother-in-law were living together and one day before in the morning her husband Babu had gone out for earning wages at Khera mines taking with him his lunch and was returning back home in the evening usually. At that time, she heard shouting of beating near the house of Hima Garasiya and on hearing the same she and her mother-in-law came out of house and saw her husband Babu running crying for help and after him were Waga Ram and Moongla carrying lathis in their hands. She shouted as to why they were beating her husband and by that time Waga and Moongla intercepted her husband and after that Waga gave lathi blow on the head of her husband who fell down and thereafter both the accused gave blows of lathis to him one after another and Waga told for killing her husband. She state that due to fear she and her mother-in-law did not went near them and after some time when the crying of her husband stopped and both the accused went away from spot she and her mother-in-law went near her husband who was in full of blood and had died.

(3.) On the aforesaid report, police registered F.I.R. Ex.P-10 against both the accused for the offence under Section 302 read with Section 34 Indian Penal Code. and commenced investigation.