- (1.) ON 6.12.2004, at about 8:00 PM, Puja daughter of Basanti Devi, the eyewitness and the first informant was assaulted by the appellant Tikam @ Tinchu and Mehfooz, who caused her injuries with knife.
(2.) ON 12.1.2005 at 11:50 PM, after the thirty -seven days of the occurrence, Puja died while admitted in JLN Hospital, Ajmer. The cause of death, as per the opinion of the doctor was Septicemia.
(3.) HARI Narayan, the present appellant deserted the trial before his statement under Section 313 Cr.P.C. could be recorded. He was later apprehended and a separate statement under Section 313 Cr.P.C. was recorded and vide a separate judgment dated 28.10.2014, Hari Narayan was convicted for the offence under Section 120 -B IPC read with Section 302 IPC and Sections 3(2)(5) of SC/ST Act. Vide a separate order of even date, Hari Narayan was sentenced as under: - Accused -appellant Hari Narayan: U/s 302 r/w 120 -B IPC - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine to further undergo six month S.I. U/s 3(2)(5) of SC/ST Act - to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default of payment of fine to further undergo six month S.I. The trial court vide judgment dated 22.4.2009, held the co -accused of the appellant, namely Tikam @ Tinchu and Mehfooz, guilty of offence under Section 302/34 IPC. Both these co -accused were also convicted for the offence under Section 4/25 of Arms Act, as from each of them, Tikam @ Tinchu and Mehfooz, knife was recovered. The co -accused, Tikam @ Tinchu, Mehfooz, Subhash and Chandra Prakash @ Chandya @ Chand were also convicted for the offence under Section 120 -B IPC read with Section 302 IPC. Furthermore, Mehfooz, Subhash and Chandra Prakash @ Chandya @ Chand were also convicted for the offence under Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter to referred as the SC/ST Act).;