- (1.) The instant criminal appeal has been filed by the appellant State of Rajasthan under Section 377 of Cr.P.C. against the judgment dated 01st of November, 2014 passed by learned Addl. Sessions Judge, Sirohi (trial court) in Session Case No.25/2011, whereby lesser punishment has been imposed against the accused respondents, viz. Narayan Lal, Shankerlal and Bhura Ram, and they have been convicted for the offence under section 304 Part II and 323 of IPC while acquitting them from the offence under Sections 148 and 341 of I.P.C.
(2.) As per prosecution case, an FIR No.50/2011 was registered at Police Station Swaroopganj, on the basis of 'Parcha-Bayan' of under treatment injured, Hona Ram, at Trauma Centre, Abu Road, in which injured, Hona Ram alleged that on 21.03.2011 at about 03.00 PM his son, namely, Dhannaram, was standing in front of house of Sarpanch, Ms. Bhawna Garg, situated at Maghwalon-Ki-Gali. At that time, Amra Ram, Kesa Ram, Teka, Narsa, Sama, Praveen, Narayan, Bhura Ram having "Lathi(s)" in their hand, came with common intention in order to kill his son, Dhanna Ram, and gave beatings with "Lathi/s" with black and blue. Due to those injuries caused to Dhanna Ram, he made hue and cries and at that time, complainant along with his wife and son, namely, Lala Ram, and Pappu reached on the spot and tried to save him. However, they too were assaulted by the accused persons and thereafter the accused ran away. As per complainant, this incident was witnessed by his neighbourers also.
(3.) The complainant brought his son, Dhanna Ram, to Trauma Centre, Abu Road for treatment, where looking his critical condition, his son was referred for better treatment at Mehsana. The injured was taken to Mehsana in vehicle along with Lala Ram and Pappu, but he died in between the way. According to allegations of the complainant, there was litigation going on in between Dhanna Ram and accused persons, therefore, they killed his son.;