- (1.) The instant criminal jail appeal has been filed by the life convict/appellant, Ratanlal @ Battu, from Central Jail, Udaipur, in which he has assailed the validity of judgment dated 07 th December, 2009 passed by Special Judge SC/ST (Prevention of Atrocities Act) Cases, (Sessions Judge), Chittorgarh (for brevity, hereinafter referred to as 'trial court') in Session Case No.95/2008 whereby the accused appellant was convicted for the offences under Sections 302 & 397, however, acquitted the co-accused, namely, Bapu Rao and Vilasram, from the charges levelled agianst them for offence u/s 411 IPC and also acquitted the present appellant from the offence under Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act, 1989, and the following sentence was passed against the appellant: - JUDGEMENT_101_LAWS(RAJ)9_2016.html
(2.) In default of payment of fine to further undergo three months additional S.I. Briefly stated, the facts of the case are that complainant, Kalulal (PW.1) submitted a complaint before the S.H.O., Police Station- Bhadesar on 25.03.2007, alleging inter-alia, that today at about 05.00 I received a call from Kailash on mobile phone that dead body of my grandmother, Varji Bai, is lying behind the house of Radheyshyam situated at Well. It was also informed that there are injuries upon her head and legs are also cut down, probably somebody had murdered her grandmother and ran away. Upon the aforesaid information, the complainant immediately went on the spot, where the dead body of his grandmother, Varji Bai, was lying and saw that one leg of his grandmother completely cut down and there was shard injury upon second leg, and injuries were also found upon the head of deceased. The silver ornaments () which the deceased was wearing in her legs, were also missing.
(3.) Upon the aforesaid information, the S.H.O., Police Station- Bhadesar, District: Chittorgarh, registered the F.I.R. No.52/2007 under Section 302 and 392 of IPC and commenced the investigation.;