HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 114/2019

1.

Dhula Ram S/o Roopa Gameti, Aged About 55 Years,

Udaipur

2.

Vardaram S/o Samat Ji Gameti, Aged About 52 Years,

Udaipur

3.

Banshi Lal S/o Dhula Ji, Aged About 26 Years, All By

Caste Gameti, Residents Of Gundali Falla Laka Kolra,

Sayra Police Station, District Udaipur (Lodged In Central

Jail Udaipur)

----Appellants

Versus

State, Through PP

----Respondent

For Appellant(s)

:

Mr. J.V.S. Deora

For Respondent(s)

:

Mr. Farzand Ali GA-cum-AAG

Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

JUDGMENT

DATE OF JUDGMENT

21/01/2021

BY THE COURT:

The instant appeal has been preferred by appellants Dhula

Ram, Varda Ram and Banshi Lal under Section 374 (2) Cr.P.C.

being aggrieved of the impugned judgment dated 16.03.2019

passed by the learned Additional Sessions Judge No.2, Udaipur in

Sessions Case No.39/2017 (387/2015) whereby, they were

convicted for the offence under Section 302/34 IPC and sentenced

to life imprisonment with a fine of Rs.5,000/- each and in default

of payment of fine further to undergo one year’s simple

imprisonment.

Facts in brief:-

(2 of 10)

[CRLAD-114/2019]

Raju Ram Gameti (PW-4) submitted a written report to the

SHO, Police Station Sayra, District Udaipur on 27.08.2015 at 1:30

a.m. alleging inter alia that on the previous night at about 9:30

p.m., he along with his mother Smt. Panki Bai, wife Smt.Suarti Bai

and sister Vasani were sitting at their house, waiting for his father

Shri Shanker Lal, who was scheduled to return home on that day.

While they were waiting for Shanker Lal, they heard noise of a

quarrel from outside the house of Dhula Ram, on which, they

rushed to that direction and saw that his father Shanker Lal was

being assaulted by Dhula Ram, Vardha Rama and Banshi Lal,

Residents of Gundali Falla Laka Kolra by lathis, fists and kicks. His

father fell down on the ground as a result of the assault. When the

informant and his relatives reached the place of incident, the

assailants went back into their respective houses. They checked

Shanker Lal, who did not respond and had passed away.

Numerous injuries were seen on his head, hands, legs and other

parts of the body. The informant alleged that the three assailants

had beaten and killed his father owing to an old dispute of money.

It was further stated in the FIR that his mother, wife and sister

had seen the incident. On the basis of the report aforestated, an

FIR No. 127/2015 came to be registered at the Police Station

Sayra, District Udaipur for the offence under Section 302/34 of the

IPC. The usual investigation was undertaken. The dead body of

Shanker Lal was subjected to postmortem by a Medical Board

constituted at Primary Health Officer, Nandeshma, which issued a

postmortem report Ex.P/25 wherein, total 12 injuries were noted.

These injuries are described hereinbelow for the sake of ready

reference.

(3 of 10)

[CRLAD-114/2019]

(1) Lacerated wound - 2cm x

0.5cm x 0.5cm

Right eyebrow middle region.

(2) Bruises – 10cm x 2cm

Left posterior region of neck.

(3) Incised wound – 4cm x

1cm x 1cm

Left scapular region.

 

(4) Abrasion 4cm x 4cm

Medial region of right elbow.

(5) Abrasion 1cm x 1cm

Left side above elbow.

(6) Bruise 2cm x 3cm

Left side under posterior

region of ear.

(7) Bruise 12cm x 12cm

Left side chest to across

abdomen back side.

(8) Bruise – 8cm x 2cm

Left lumbar region.

(9) Abrasion 1cm x 2cm

on L2 region of back.

(10) Bruise 3cm x 3cm

Left lateral side of back.

(11) Stab wound – 1cm x

1cm x 0.5cm

Left lateral region of thigh.

(12) Stab wound – 1cm x

0.5cm x 0.5cm

Right medial side of leg

below knee.

The Medical Officers also noted the fact that clotted blood

was seen in the coronary artery and the ventricle wall and that

necrosis was evident. The Medical Board gave an opinion that

cause of death of the v