GAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Charged for having committed offences punishable under Section 302/34 and 323/34 IPC, vide impugned judgment dated 20.10.2010 the appellants have been convicted for both offences. For the offence of murder they have been sentenced to undergo imprisonment for life and pay fine in sum of Rs. 10,000/- each. For the offence punishable under Section 323/34 IPC the appellants have been sentenced to undergo simple imprisonment for six months.

(2.) After taking us through the evidence, learned counsel for the appellants urged that in view of the evidence led by the prosecution, at best, for the death of Chetan Ram, the appellants can be convicted for an offence punishable under Section 304 Part-II IPC. Counsel states that for the simple injury caused to the wife of the deceased i.e. Tejo Devi and Babu Lal the conviction is unassailable.

(3.) In view of the submissions finally advanced at the hearing of the appeal we note only such facts as would be relevant to deal with the contentions advanced.