DAAU RAM Vs. STATE

JUDGEMENT

(1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 07.03.2019 passed by the learned Special Judge, SC/ST Act Cases, Barmer in Sessions Case No. 450/2018 [50/2018] whereby, while acquitting the accused- appellant from the charge under Section 450 IPC, the learned trial Judge convicted him for the offence under Section 302 IPC and sentenced him for life imprisonment with fine of Rs.10,000/- and in default of payment of fine to further undergo 02 months' additional Simple Imprisonment.

(2.) Brief facts giving rise to this appeal are that on 02.03.2018 at 9:30 am, one Ladha Ram (PW-1) submitted a written report (Ex.P/1) with SHO, Police Station Baitu. In this written report, allegations were set out that on 01.03.2018, at 11:00 pm his younger brother Purkharam son of Jugtaram was at his Rahwasi Dhani. The accused-appellant Daau Ram assaulted him by a lathi. Purkharam sustained injuries on his head and he succumbed to the injuries. The dead body of Purkharam was lying on a cot in his Dhani. It was also alleged that the accused-appellant Daau Ram inflicted blows to Purkharam as he was having an agricultural land dispute with him.

(3.) On the basis of this report a formal FIR No.22/2018 (Ex.P/36) was registered at Police Station Baitu for the offences under Sections 450 and 302 IPC and the investigation commenced. During the investigation, the prosecution witnesses were examined and postmortem was conducted and it was opined by the medical Board that Purkharam died due to injuries to vital organ i.e. brain.