SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The accused appellant Shankar S/o Nathu has preferred this appeal under Section 374 Cr.P.C. challenging his conviction and sentence awarded by Sessions Judge, Tonk in Case No. 29/1986 vide judgment and order dated 30.01.1987 whereby the appellant was convicted under Section 302 IPC to undergo imprisonment for life and fine of Rs. 200 and in default to further undergo one month's simple imprisonment and under Sections 447 and 323 IPC to three months' rigorous imprisonment and fine of Rs. 50/- in each offence and in default to further undergo 15 days' simple imprisonment.

(3.) Briefly stated the facts of the case are that a Parcha Bayan, Exhibit P-l of injured Isar, P.W.1, was recorded on 28.03.1986 at about 8.00 P.M. at Hospital, Tonk by ASI, Police Station Kotwali, Tonk wherein it was alleged by him that on that day at about 2.00 P.M. while his wife, Smt. Kamla and daughter Santra were doing work in their field, the accused Shankar, husband of his daughter Santra, came armed with lathi. On asking about the reason of his coming, Shankar stated that he had come to take his wife Santra and that he should send her with him. Thereupon, Isar, on asking as to why he was angry and he will bring his daughter Santra to her matrimonial home, caught hold of his daughter's hand and it was at that time that Shankar inflicted two lathi blows on his back and when he, in order to save, ran, Shankar gave lathi blows to Santra and when his wife (deceased) Smt. Kamla intercepted to rescue Santra, he gave two lathi blows on her head whereupon she fell on the ground. Isar and his daughter Santra took her to the Hospital. On the basis of this Parcha Bayan, FIR No. 56/1986 was registered at Police Station Kotwali, Tonk under Sections 341, 447, 323, 307 IPC. Smt. Kamla succumbed to the injuries and her post mortem examination was conducted in the morning of 29th. March, 1986. Thereupon Section 307 IPC was converted into an offence under Section 302 IPC. After completion of investigation, the Police filed charge sheet against accused Shankar alongwith two others namely Chothu S/o Ura and Peeru S/o Bhura in the Court of Chief Judicial Magistrate who committed the case for trial to the Court of Sessions Judge, Tonk. The trial Court framed charges against accused appellant Shankar under Section 302, 447 and 323 IPC whereas other two accused persons named Chothu and Peeru were charged with the offences under Sections 323 read with Section 109 IPC. They denied charges and claimed trial. In order to prove its case, the prosecution examined 8 witnesses and produced documentary evidence in the form of Exhibit P-l to Exhibit P-23. Thereafter statements of the accused persons under Section 313 Cr.P.C. were recorded wherein they pleaded innocence but did not lead any defence evidence. Learned trial Court, after considering the submissions of both the parties and examining the record, recorded a finding of acquittal of Sarvashri Chothu and Peeru. However, the appellant was convicted and sentenced for the offences as mentioned above.