- (1.) THIS criminal appeal under S.374(2), CrPC is filed against the judgment and order dated 18-6-2003 passed by Addl. Sessions Judge No. 2, Chittorgarh in Sessions Case No. 31/2002, State v. Balu, whereby the accused appellant has been convicted under S.304, Pt. II, IPC and sentenced to 7 years' rigorous imprisonment and a fine of Rs. 500/-, in default thereof to further suffer one month's simple imprisonment.
(2.) BRIEFLY stated, the facts giving rise to the present case are that on 30-3-2002 complainant Ladu (PW 2) present at Parsoli Hospital gave oral information to the SHO, Police Station Parsoli to the effect that in the evening at 7 p.m. when he came at his house, he found Badri, Gokal, Balu, Kana, Bhagwana, Bhona alias Mukesh and Smt. Dali sitting in front of his house under a tree abusing his family members, who on his brother Kalu's asking not to do so, connived with each other and in order to kill him entered in the house unauthorizedly and started beating him by fists and kicks. On his intervention, Kana threw a stone on him also. Balu twisted the neck of his brother and on his crying when uncle Janu came running, Bhagwana threw a stone on his face. As the condition of Kalu became precarious, Bheru brought him to the Parsoli Hospital on motor cycle but before reaching the hospital he died. He further stated that there is an old enmity between his brother and the accused persons regarding some land and that is why the accused after conniving entered in the house unauthorizedly, gave beating to Kalu and by twisting his neck murdered him. On this report, a case under S.142, 449, 302, 149, IPC was registered and first information report was chalked out. The police inspected the site and prepared site plan and site inspection Memos. Panchayathnama of dead body was prepared and the postmortem of the dead body was got done. The dead body after postmortem was handed over to the heirs for cremation. Complainant Ladu and Janu alias Jankilal were medically examined and the statements of witnesses were recorded. The accused persons were arrested and after necessary investigation finding offence proved against accused Balu, Badri, Gokal, Kanalal, Bhagwanlal, Bhuna alias Mukesh and Smt. Dali, challan under S.147, 448, 302/149, IPC was submitted before the Judicial Magistrate, Begun and on committal the case came up for trial to the Court of Addl. Sessions Judge No. 2, Chittorgarh.
(3.) THE learned trial Court framed charges against accused appellant under S.147, 448 and 302 or 302/149, IPC. Accused denied the charges framed against them and claimed trial.;