- (1.) To question correctness of the judgment dated 7.4.2006, passed by learned Additional Sessions Judge (Fast Track), Balotra, this appeal is preferred. By the judgment impugned learned Additional Sessions Judge recorded conviction of the accused appellants and awarded sentence as under:- Briefly stated, facts of the case are that the Station House Officer of Police Station Balotra on 4.5.2004, reduced in writing a statement of Shri Binjaram and on basis of that initiated investigation for commission of the offences punishable under Sections 323 and 307/34 Indian Penal Code against the accused appellants. As per the averments contained in the statement (Ex.P/17) given by Shri Binjaram, on 4.5.2004 at about 04:00 PM Kesaram and Pukhraj had some altercations with accused Nemaram for some money dispute. In evening, at about 08:00 PM Kesaram and Pukhraj went to the temple of Bhomiaji to offer 'prasad'. At the temple Nemaram, Jesaram and Khetaram armed with lathis came and entered into a quarrel with Pukhraj and Kesaram. Hearing the scream of Pukhraj and Kesaram, complainant Binjaram, Mohan, Papparam and Vardaram rushed towards the spot of incident. Nemaram gave a lathi blow on the head of Kesaram and Pukhraj received lathi blows from Khetaram. Jesaram also gave lathi blows to Kesaram. The assailants then fled from the spot.
(2.) While undergoing treatment at Mathuradas Mathur Hospital, Jodhpur, Kesaram died. The corpus of Kesaram was subjected to an autopsy and looking to the cause of death given in the postmortem report, the investigation also commenced for an offence punishable under Section 302/34 Indian Penal Code. After completion of investigation a charge sheet was filed against Nemaram and Jesaram before the competent court, the case being sessions triable was committed to the court of Sessions, Balotra. Accused Khetaram being juvenile, his case was referred for adjudication to the Juvenile Justice Board, Jodhpur.
(3.) Learned Sessions Court after hearing the accused persons framed charges for commission of offences punishable under Sections 447, 323, 307 and 302 Indian Penal Code against accused Nemaram and for the offences punishable under Sections 447, 323, 307 and 302/34 Indian Penal Code against accused Jesaram. On denial of the charges trial commenced, as desired.;