ROOPA Vs. STATE

JUDGEMENT

(1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellants against the judgment and order of conviction dated 01.03.2014 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur in Sessions Case No. 34/2011 whereby the accused-appellants have been convicted for the offence under Section 302/34 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 25,000/- each and in default of payment of fine to further undergo five months simple imprisonment.

(2.) Briefly the facts arising out from the complaint lodged by PW1 Smt. Hanna are that on 10.05.2011 at around 07:00 in the morning, she along with her husband Rama Gameti went for collection of wood in the forest area. They carried wood after cutting a dried tree of 'Gundi'. At around 11:00 in the morning, her brother in law Roopa was standing in the agricultural field. While calling her husband by using foul language, Roopa told him as to why they had brought wood from the 'Gundi' tree. When her husband went near the accused to explain the situation, Dharma, Madhu, Ganesh and Kogli came around and started assaulting and abusing her husband. The accused Roopa inflicted a blow by a stick on the head of her husband due to which he fell on the ground. On watching the incident, her daughter Santa, Nani (second wife of her husband) ran towards her husband to rescue him but the accused persons continued to assault him with fists, kicks and sticks. When they reached near her husband, all the accused persons ran towards the forest. Her husband died on the spot. After informing Naru, Ex- Sarpanch, a report was submitted.

(3.) On this information, a formal F.I.R. No.92/2011 was registered at Police Station Nai District Udaipur for the offence under Section 302/34 of I.P.C. against the accused-appellants.