- (1.) Learned Additional Sessions Judge (Fast Track), Balotara, Camp Barmer, by judgment dated 27.5.2005 convicted the accused appellants for the offences punishable under Sections 302/34, 342 and 323 Indian Penal Code and sentenced as under:- 302/34 IPC Life imprisonment with fine of Rs.10,000/- and in default of payment of fine to further undergo one years imprisonment. 342 IPC One year's rigorous imprisonment with fine of Rs.1000/- and in default of payment of fine to further undergo three months imprisonment. 323 IPC One year's rigorous imprisonment with fine of Rs.1000/- and in default of payment of fine to further undergo three months imprisonment.
(2.) To question correctness of the conviction recorded and sentence awarded this appeal is preferred.
(3.) The facts of the case as unfolded in the judgment impugned are that on 26.7.2004 at 11:00 PM, the Station House Officer of Police Station Baytu, reduced the statement of Smt. Bhikhi Devi in writing at Sarhad Chhitar Ka Paar. As per the statement reduced in writing, at about 07:00 PM of the same day Shri Tikuram, husband of Bhikhi Devi, was coming to his hamlet from Bhinako Ka Fata. Smt. Bhikhi Devi and her mother-in-law Dhapu Devi, who were at their hamlet, rushed towards the tubewell of Panaram on hearing loud cries of Tikuram. On reaching, they found that accused Narsinga Ram and Virmaram were giving lathi blows to Tikuram by tiding his hands and legs with rope. Smt. Bhikhi Devi and Dhapu Devi made an effort to save Tikuram, however, the accused persons gave certain blows to them also and they too suffered certain injuries. Bhikhi Devi and Dhapu Devi made loud alarm and hearing the same Birdaram Beniwal came to the spot of occurrence, however, the accused persons then fled from the spot. Tikuram died at the spot and Smt. Dhapu Devi after receiving injuries fell down and became unconscious. As per Smt. Bhikhi Devi, accused persons were keeping vengeance with Tikuram due to some land demarcation dispute.;