STATE OF RAJASTHAN Vs. MAGNI RAM

JUDGEMENT

(1.) On 2nd October, 1983 in the morning, Smt. Sukhi, aged 70 years, was murdered. Respondent, her adopted son, was tried for offences under Sections 302 and 447 IPC in connection with that murder. The Trial Court, vide judgment dated 30th June, 1984, convicted the respondent for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. He was also convicted for the offence under Section 447 IPC and sentenced to three months' rigorous imprisonment. The substantive sentence of imprisonment were, however, directed to run concurrently. The respondent challenged his conviction and sentence through an appeal in the High Court of Judicature at Rajasthan, Jodhpur. This appeal by special leave has been filed by the State questioning the order of acquittal.

(2.) The Trial Court as well as the High Court took note of the fact that the entire case of the prosecution revolved around eyewitness account given by PW-9 Jetha Ram and PW-11 Gulla Ram, besides the medical evidence provided by PW-12, Dr. Jugal Kishore and recovery of certain other articles from the spot as well as at the instance of the respondent.

(3.) The substratum of the prosecution case is that on 2nd October, 1983 in the morning when deceased Smt. Sukhi. along with her grandson (daughter's son) Gulla Ram, PW-11 went to her field for collecting watermelons and after collecting the same, when she was carrying them, respondent arrived there from the eastern side, armed with an axe in one hand and jayee in the other. He started abusing Smt. Sukhi in vulgar language and threatened to kill her as also her grandson PW- 11, Gulla Ram. He, thereafter, inflicted an injury with the axe on her head. On receipt of that injury, deceased fell down. The respondent gave another blow to her with the axe when handle of the axe broke. The respondent thereafter, used the jayee and inflicted injuries on the deceased while she lay on the ground. While causing injuries with jayee, horns of the jayee also broke.