- (1.) This appeal has been filed under Section 374 of CrPC assailing the judgment dated 09.09.2015 passed by Additional Sessions Judge No.1, Bayana District Bharatpur, in Session Case Nos. 26/2014 (03/2014), whereby appellant Chet Ram has been held guilty for offence u/s 302 of IPC and sentenced life imprisonment with a fine ? 10,000/- in default whereof, further to undergo one year simple imprisonment and appellant Shiv Ram has been held guilty for offence u/s 325 of IPC and sentenced seven years rigorous imprisonment with a fine of ? 10,000/- in default whereof, further to undergo one year simple imprisonment.
(2.) Briefly stated, according to the facts of the case, written report Exhibit-P.1 was submitted on 24.09.2013 in Police Station Bhusawar District Bharatpur by complainant Girdhari Lal son of Ram Phool. Complainant stated in the report that in the evening of 23.09.2013 at around 07:00, Churaman had gone to the house of Chet Ram, where a quarrel ensued between them. Chet Ram assaulted Churaman causing injuries as a result of which Churaman succumbed to those injuries while he was being taken to the hospital. He further mentioned that detailed information regarding the incident can be given by wife of deceased Churaman and his children.
(3.) On the basis of this written report Exhibit-P.1, FIR Exhibit-P.33 was registered under Section 302 of IPC and investigation was commenced. After investigation, charge-sheet was filed in learned trial court against the accused appellants, which was committed to the court of sessions. The matter was transferred to the court of Additional Sessions Judge No.1, Bayana District Bharatpur for trial. Charges were framed against accused appellants under Section 302 in alternative 302/34 of IPC , 304 in alternative 304/34 of IPC , 307 in the alternative 307/34 of IPC , 325 in the alternative 325/34 of IPC .;