GANGA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Sec. 374 of Code of Criminal Procedure (herein after 'the Code') is directed against the judgment and order dated 7.9.2006 rendered in Sessions Case No. 82/2005 by the Additional Sessions Judge (Fast Track) No. 2, Bikaner whereby he convicted appellant No. 1-Ganga Ram S/o Lichu Ram for offence under Sec. 302 I.P.C. and appellant No. 2- Prahlad S/o Ganga Ram for offence under Sec. 302/34 I.P.C. Both of them have been sentenced to imprisonment for life and fine of Rs. 1,000.00 each and in default of payment whereof to further undergo additional imprisonment for one month.

(2.) The facts leading to this appeal are that PW-1-Haji Khan submitted a written report (Ex.P-1) on 18.7.2005 at about 12.50 'P.M. at Police Station, Gangashahar wherein, inter alia, he narrated that Mushtaq was his real brother, who was residing near to his house. On the day of incident, at about 7 0' clock he was at his hotel at Nokha road when his brother Kalu Khan came and told to him that Mushtaq is lying in his house in unconscious condition. He, therefore, went to the house of Mushtaq and saw that blood was coming out of his mouth and he was unconscious. He then enquired from wife of Mushtaq, namely-Nazira, his 'mausi' (aunt) Rehmat and his son Kalu; who told that yesterday, on 17.7.2005, at about 9 0' clock Mushtaq went on his motorcycle for recovery of money and at about 10.45 in the night Ganga Ram S/o Lichu Ram (accused No. 1-hereinafter Al) and his son Prahlad (accused No. 1-hereinafter A2) came along with Mushtaq, left him at his house in unconscious condition and went away. After some time, Narayan Singh (PW-2) also came and left Mushtaq's motorcycle. The family members thought that Mushtaq might have consumed some drug but till today in the morning when he did not wake up then he (Haji Khan) was called.

(3.) Then they called Narayan Singh, who told that in yesterday night, he along with Mushtaq, both had gone for recovery of money. At about 10.15 in the night when they reached near to house of Poorna Ram, Ganga Ram (Al) and his son Prahlad Ram (A2) met them. Mushtaq demanded money from Ganga Ram and both of them quarreled with each other. Then Ganga Ram inflicted a 'danda' (stick) blow whereupon Mushtaq fell down. The 'danda' has also broken. Thereafter, Ganga Ram (Al) and Prahlad Ram (A2) both brought Mushtaq to his house. Narayan Singh also left the motorcycle at the house of Mushtaq.