SUBHASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging the conviction and sentence as ordered by the learned Trial Court vide judgment and order dated 07.10.2016 for offence u/s 302 IPC.

(2.) Prosecution case was set in motion on the basis of report (Ex.P-1) lodged by complainant Shankar Lal. On the basis of the said report (Ex.P-1), a formal FIR No. 426/2012 dated 27.11.2012 was registered at Police Station Sri Madhopur, District Sikar for offence punishable under Section 302 IPC.

(3.) Prosecution story, in brief, was that on 27.11.2012 at about 8.00 AM, deceased Girdhari had gone to answer the call of nature in Johda (Grass land). At that time, Chhoturam S/o Shri Manglaram, Murliram S/o Manglaram, Jhabar, Dholuram @ Daulatram, Sohanlal, Subhash sons of Shri Chhoturam, Sumitra W/o Jhabar Mal, Santoshi W/o Dholuram @ Daulat Ram, Gulabi Devi W/o Chhoturam and Subhash, Santosh Sons of Chhoturam and wives of both - all by caste, Sumitra D/o Chhoturam wife of Devilal and Devilal (son-law of Chhoturam) etc. came with stick and axe in their hands. They surrounded deceased Girdhari and inflicted injuries on his body with the weapons which were in their hands. As a result, deceased Girdhari received grievous injuries on his skull and other parts of the body. Deceased Girdhari was taken to the hospital at Sri Madhopur. Condition of the deceased was serious, so he was referred to SMS Hospital, Jaipur where he was admitted. Ultimately, he was died due to grievous injuries caused by the above named persons.