Kanwaljit Singh Ahluwalia, J. - (1.) Phool Chand and Rampal, two brothers being sons of Late Ganesharam, along with Smt. Bhagwati Devi wife of Rampal were tried along with Rampratap son of accused Rampal and Smt. Bhagwati Devi. The court of Additional Sessions Judge, Chomu, Jaipur District, vide impugned judgment dated 9.1.2014, recorded acquittal of Phool Chand, Smt. Bhagwati Devi and Rampal and held the appellant Rampratap guilty of offence under Section 302 IPC. Having convicted the appellant Rampratap for the above said offence, the trial court sentenced the appellant to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default of payment of fine to undergo one year additional imprisonment.
(2.) To assail his conviction and sentence, the appellant Rampratap has filed D.B. Criminal Appeal No. 183/2014, whereas State of Rajasthan to challenge the acquittal of Phool Chand, Smt. Bhagwati Devi and Rampal, has filed D.B. Criminal Appeal No.555/2014. We shall decide both these appeals together by this common judgment.
(3.) The criminal proceeding were set into motion on the statement (Exhibit-P/5) made by Arjun (P.W.2) before ASI, Kishan Lal not examined. The statement of Arjun (P.W.2) leading to registration of FIR (Exhibit-P/17) bearing No.365/2009, registered at Police Station Harmada, when translated into English, reads as under:- It is stated that today at about 7:00 PM in the evening, I along with my cousin Richhpal son of Shri Nahruram, Rajesh Meena, Vinod Meena were going from Dhani Asawali to Shrirampura. On the way, near the house of Rampal and Phool Chand, Rampal, Phool Chand, Balram and Siddharth opened the attack upon us. They all were armed with lathis and Farsis. Phool Chand gave a Farsi blow on my head. Rampratap caused a lathi blow on the head of Richhpal. Smt. Bhagwati Devi caused an injury with stone on the head of Rajesh. Rampratap gave a lathi blow to Richhpal, me and Rajesh. Richhpal due to injuries caused, became unconscious and fell upon the spot. We ran away from the spot to save our lives. Later we lifted Richhpal and brought him in Bulero vehicle of Bhagchand Sharma to Harmada Police Station and from there along with police reached at SMS Hospital and got Richhpal admitted. During the treatment, Richhpal died. Richhpal had died in the fight due to beating caused. We are already having litigation with Rampal and due to this grudge, they have given beating to us, as a result thereof, Richhpal had died. The dead body has been kept in Bangar Ward of SMS Hospital. ;