Prakash Gupta, J. - (1.) Having been convicted by the Additional Sessions Judge, Fast Track No. 2, Dholpur by the judgment dated 12th August, 2005, the appellant has approached this Court.
(2.) By the said judgment, the learned Judge had convicted the appellant for offence under Sec. 302/34 IPC and by an order of even dated, sentenced him to undergo life imprisonment with fine of Rs. 2000/ -. In default thereof, to further suffer simple imprisonment for one year.
(3.) Briefly, the facts of the case are that on 23.12.2002, Matadeen -(PW -2) submitted a written report (Ex. -P -4) before the Police Station Mania, District Dholpur. The said written report when translated into English reads as under: - To, The Station House Officer,Police Station, Mania. Sir, It is submitted that today on 23.12.02, 4/5/2003 at about 9.00 in the morning, I and Jandel, Tejsingh and Prahlad all the brothers were irrigating the field situated near to our house and our mother Santi was managing the cow -dung then Ram Ratan son of Chetram, Ram Naresh son of Bhanwar Singh, Sutra Ram son of Ram Ratan, Ram Varan son of Ram Ratan, by caste Thakur resident of our village hurling abuses came there. Ramratan had a farsa, Ram Naresh, Sugram and Ramvaran were having lathies and started abusing our mother Santo. My brother Prahlad asked them not to do so then Ram Naresh inflicted a lathi blow, Ramratan inflicted farsa blow on the head and also inflicted lathi blow to me. Ramratan inflicted a farsa blow on the head of Prahlad due to which Prahlad fell down on the ground and while Prahlad was lying on the ground, they inflicted farsa and lathi blows. Jandel also inflicted lathi blow. With intention to kill him, they also inflicted a lathi blow on his person which landed on his left hand. In the meantime, my brothers Vinod and Suresh etc. came there who saved us. When we were taking Prahlad to Dholpur for his treatment, in the way Prahlad died, whose dead body is lying in the hospital. Therefore, report is being submitted for legal action. Applicantsd/ -Matadeen S/o. Swami Sobren Singh,by caste Thakur, aged 40 years,R/o. Vintipura;