PARSARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused Appellant Parsaram S/o Nimbaram Jat, resident of Village Mornawada, Police Station Khedapa, District Jodhpur against the judgment and order dated 25.07.2003 passed by learned Additional Sessions Judge (Fast Track), Jodhpur in Sessions Case No. 76/2003, whereby the accused Appellant was convicted for commission of offence under Section 302 IPC and sentenced to life imprisonment and fine of Rs. 500/- and in the event of non-payment of fine, further to undergo one month's rigorous imprisonment. At the relevant time the accused Appellant was serving life term sentence, therefore, the learned trial court further ordered that the life term sentence awarded in this case shall run consecutive to the earlier life term sentence.

(2.) The nub of the prosecution story as disclosed during the course of investigation and trial was that on 30.01.2003, Superintendent, Central Jail, Jodhpur forwarded a report to the District Magistrate, Jodhpur and its copy was endorsed to the Police Station Udaimandir stating that in the night at around 12.45 a.m. in barrack No. 3 of ward No. 7, the accused Appellant Parsaram, serving the life sentence, caused injuries to Rikabchand S/o Chimnaram, who was also serving the life term imprisonment in the same barrack. The injuries were caused with an iron dolchi, weighing 2 kg., at the temple region of the injured. On hearing the loud cries, the other prisoners caught the accused Appellant Parsaram, but till then he had given 3-4 blows to the deceased. In the night the injured was given treatment at the jail hospital, but looking to his serious condition, he was referred to Mathura Das Mathur Hospital, Jodhpur, where in the next morning he succumbed to the injuries.

(3.) On this report a criminal case No. 43/2003 was registered at the Police Station Udaimandir under Section 303 IPC and the investigation commenced.