MOHAMMAD RAFIQ,J. - (1.) Challenge in this criminal appeal is made to judgment and order dated 17.06.2011 passed by the court of learned Additional District and Sessions Judge (Fast Track) No.2, Ajmer, in Sessions Case No.11/2009, whereby the learned trial court convicted and sentenced the accused-appellants as under:- JUDGEMENT_113_LAWS(RAJ)3_2017_1.html
(2.) Briefly stated the facts of the case are that one Smt. Sumitra lodged a written report with Police Station Ramganj, Ajmer, on 11.03.2009, wherein she stated that it was next day of 'holi' festival i.e. 'dhulandi' and on that occasion, her 'dewar' (brothers-in-law) Bhagchand and Lalchand were sitting in the 'baithak' and at that time Amit S/o Gordhan, by caste Khatik and Yuvraj @ Butiya S/o late Heeralal came at her residence and took her son Vijay Kumar. At about 4'O Clock they were planning to go at Subash Nagar to collect 'inaam', which is usually given to members of their community by the people of the society on such festivals. Thereafter at about 6'O clock, Amit and Yuvraj came back and informed that when all the three were going to Subhash Nagar on motorcycle, near the bridge Sunil S/o Laxman, Laxman S/o Buddha, Jagdish @ Guddu S/o Buddha, all by caste Harijan, R/o Subhash Nagar, came there armed with 'lathis' and started beating all three of them. It was stated that three other persons of the group of Jagdish @ Guddu were also there, who too attacked on them. Vijay Kumar @ Sonu fell down due to injury of 'lathi' caused by them on his head. Both of them fled from there saving their lives, leaving Vijay Kumar @ Sonu lying there.
(3.) On hearing this, the complainant along-with her 'dewar' Bhagchand went to Police Station Ramganj and enquired about Vijay. They came to know that Vijay Kumar @ Sonu has been taken by the police to J.L.N. Hospital. The complainant returned back to her house and informed family members and other persons of the locality, who told her to remain at the residence and they went with her 'dewar' Bhagchand and Lalchand to J.L.N. Hospital, where they came to know that Vijay Kumar @ Sonu has expired. The police, on receipt of the written report, registered F.I.R. No.64/2009, for offence under sections 302, 147, 148, 149 and 34 IPC, and commenced the investigation. The postmortem was conducted on the body of deceased Vijay Kumar @ Sonu and in the opinion of the doctors, cause of death was coma due to ante mortem head injury caused by blunt object, which was sufficient to cause death in the ordinary course of nature.;