BANWARI LAL SHARMA,J. - (1.) This appeal has been filed against the order dated 05th January, 2017 passed by the Additional Sessions Judge No.2, Kota in Session Case No.35/2016. The appellant has been convicted and sentenced as under : "For offence under Section 302 read with Section 34 IPC - Life Imprisonment and fine of Rs.50,000/-. In default of payment of fine, to further undergo six months' simple imprisonment. For offence under Section 325 read with Section 34 IPC - Five years' rigorous imprisonment and fine of Rs.10,000/-. In default of payment of fine, to further undergo three months' simple imprisonment. For offence under Section 323 read with Section 34 IPC - One year's simple imprisonment and fine of Rs.1000/-. In default of payment of fine, to further undergo one month's simple imprisonment."?
(2.) The complainant Rajendra made a written report with the Police Station Railway Colony, Kota for the occurrence took place at around 8.00 PM on 09th July, 2011. It was contended that his relatives Sanju, Shani Bai, Rajendra and Ramswaroop were returning to their home after completion of agricultural work. The accused Rama @ Ramlal, Santosh Bai, Sonu, Manish, Latoor and Manju stopped them. The appellant Rama @ Ramlal gave a blow to the deceased Ramswaroop by an axe and other accused gave beating to the deceased and others. Ramswaroop was immediately taken to the hospital but he did not survive.
(3.) On the written report, an FIR was registered by the police and after investigation, charge sheet was filed for the offence under Sections 302 read with Section 34, 307 read with Section 34 and 323 read with Section 34 IPC. The trial Court thereupon framed charges for those offences and explianed it to the accused. The charges were denied, thus trial commenced. The prosecution produced twenty five witnesses apart from forty seven documents to prove their case while the statement of the accused was recorded under Section 313 Cr.P.C. Smt. Santosh Bai absconded during trial. The trial Court thereupon convicted and sentenced the appellant for the offence, as described earlier.;