GOVIND MATHUR,J. - (1.) This appeal is before us to examine correctness of the judgment dated 3.10.2008, passed by learned Additional Sessions Judge (Fast Track), Nagaur, recording conviction of accused Babu Khan @ Alim Khan for the offence punishable under Section 302 Indian Penal Code.
(2.) In brief, facts of the case are that on 28.7.2007 at about 10:00 PM a written report addressed to Station House Officer, Police Station, Mundwa was submitted to Shri Girdhardan, Assistant Sub Inspector, Police Station, Mundwa at Government Hospital, Nagaur by Hakam Ali stating therein that on the same day at about 06:30 PM his wife Smt. Bhanwari Bano, Akhtar, Mainu were taking care of cattle grazing in their fields. At that time his brother Babu Khan alias Alim Khan, Razia, Daud, Sabir, Kamudi, Baudi, Dakha came there and tried to raise fencing. On being objected, a lathi blow was given to Smt. Bhanwari Bano by Babu Khan and Daud caused an injury by 'kawadia' to Akhtar. Sabir was armed with a kassi and he along with other persons participated in the incident. As a consequence to the incident aforesaid Smt. Bhanwari Bano died at the spot and an information in this regard was given to him telephonically by his son.
(3.) On basis of the written report, a case was lodged for the offences punishable under Sections 147, 148, 149, 447, 323 and 302 Indian Penal Code. After regular investigation accused Babu Khan and Daud Khan were charge sheeted and were charged for the offences punishable under Sections 302/34, 447 and 323 Indian Penal Code. On denial of the same trial commenced as desired.;