G.K.VYAS,J. - (1.) In this criminal appeal filed by the accused appellant, Phoosa Ram, u/s 374 (2) Cr.P.C., the judgment dated 27th of June, 2008 passed by Addl. Sessions Judge, Sujangarh, District Churu (for brevity, hereinafter referred to as Trial Court) in Session Case No.2/2008 is under challenge, whereby the trial court convicted the accused appellant for offences under Sections 302 and 341 of IPC and sentenced him as infra: 302 of IPC: Life Imprisonment and fine of Rs.100/- and in default of payment of fine, to further undergo one months simple imprisonment. 341 of IPC: One months simple imprisonment.
(2.) As per facts of case, complainant PW.1 Jassa Ram, submitted a written report (Ex.P/1) on 20.12.2007 at about 04.30 PM before the S.H.O., Police Station Sandwa, alleging therein that his son, namely, Bhura Ram went to village to get his mobile charged. When he was returning from the village, the accused appellant, Phoosa Ram, way laid him and took in the courtyard, where he inflicted injuries on his son by a Gandasi on his head. At that time, Laluram and Nanuram and some other persons came there and saw the incident. Due to injuries, Bhura Ram succumbed.
(3.) Upon the aforesaid written complaint, FIR was registered and after completion of investigation, the Police filed charge sheet against the accused appellant under Sections 302, 341 & 342 of IPC in the court of learned Judicial Magistrate No.2, Sujangarh, from where the case was committed for trial to the court of Addl. Sessions Judge, Sujangarh, District Churu.;