- (1.) KAMAL Prakash s/o Ram Chandra, Prahlad s/o Rajaram, Lal Chand s/o Nand Lal and Smt. Sheela wife of Kailash, all residents of Burankheri, Police Station Ramganj Mandi, District Kota were sent for trial for causing murder of Durga Lal s/o Mangi Lal on the intervening night of 20th and 21st December 2005. The trial court vide impugned judgment dated 21.3.2007, held the appellant Prahlad guilty of offence under Section 302 IPC and vide a separate order of even date sentenced him to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine to further undergo one month S.I.
(2.) THE co -accused Kamal Prakash and Lal Chand were acquitted for the offence under Section 302/34 IPC by extending benefit of doubt. Similarly, another co -accused Sheela was acquitted of offence under Section 302/120 -B IPC.
(3.) AGGRIEVED against his conviction and sentence, the appellant, Prahlad has instituted the present appeal praying that the conviction pronounced and sentence awarded be set aside. The criminal proceedings were set into motion on the basis of presentation of written report (Exhibit -P1) by Ramesh (P.W.1), brother of the deceased. The written report (Exhibit -P/1) was addressed to SHO, Police Station Ramganj Mandi, Kota. The said report when translated into English reads as under: To SHO, Police Station, Ramganj Mandi, Kota Subject: For lodging the report regarding murder of my brother Durga Lal. Sir, It is submitted that on every Tuesday in our village flag is taken out (a ceremony of taking flag from the temple). On 20.12.2005, at about 10:30 PM, after the flag was taken and Arti was performed everybody went to his house. My brother, who had also participated in flag ceremony had returned to his house. Durga Lal and Gopal both had returned after participating in the flag ceremony. Gopal went to his house and my brother Durga Lal went to his house. After some time, Prahlad s/o Rajaram Dhakar, resident of Burankheri came to my brother and both went to ease themselves by taking one can of water. My brother had not returned in the night. In the morning, the dead body of Durga Lal was found in the bushes. The same was seen by Ram Kumar Aheer s/o Shyam Swaroop. He came to village and informed my father Mangi Lal. Thereafter, I along with villagers had gone to the spot and saw the dead body of my brother Durga Lal lying there. He had suffered injuries on the head from which blood was oozing. We have suspicion that my brother had been murdered by Prahlad s/o Rajaram, Ram Chandra s/o Rodu Lal, Kamal Prakash s/o Ram Chandra, Satyanarayan s/o Ram Chandra, Lal Chand s/o Nand Lal Dhakar, resident of Burankheri along with Nand lal Bheel. We have old grudge with them. Applicant Ramesh Chand s/o Mangi Lal, by caste Aheer, r/o Burankheri, P.S. Ramganjmandi.";