DWARKILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against judgment dated 5.10.2002 passed by Additional Sessions Judge (Fast Track) No.1, Kota in Sessions Case No.30/2002 by which he convicted accused-appellant-Dwarikalal under Section 302 IPC and sentenced him to undergo life imprisonment and fine of Rs.2,000/-, in default of payment of fine to further undergo six months simple imprisonment.

(2.) Brief facts of the prosecution case are that PW3-Munir Khan lodged FIR Ex.P/1 on 1.1.2002 at 4.45 p.m. and alleged that he was sitting at 11.00 a.m. on his liquor shop, accused-Dwarikalal and deceased-Babulal came to his shop and purchased three pouches of liquor and went back side of his shop towards forest area. At 2.30 p.m. both of them again came to his shop and purchased one pouch of liquor and payment was made by Babulal. Again at 3.00 p.m. both of them came to his shop and purchased two pouches of liquor and payment was made by Babulal and went back side of his shop. At 3.30 p.m. accused-Dwarikalal came to his shop and while running revealed him that he has murdered Babulal, then he went back side of his shop and saw that Bubalal was lying on the sand and his head and ear were bleeding. He enquired from Babulal, who revealed him that Dwarika had hit him by stone. He returned back and asked Munna Bhai-Conductor to intimate this fact at Babulal's residence. He again went on the spot and found that Bubulal had died. He came to know that there was enmity between them. On this report case under Section 302 IPC read with Section 3 of the SC/ST (Prevention of Atrocities) Act (hereinafter to be referred as the Act) was registered and after completion of investigation challan under Section 302 IPC read with Section 3 of the Act was filed in the Court of Judicial Magistrate Deegod. The case was committed to the Court of Special Judge, SC/ST (Prevention of Atrocities) Court, Kota but by order dated 8.3.2002 the Atrocities Court returned back file to the Court of Judicial Magistrate after discharging the accused under Section 3 of the Act. The Judicial Magistrate, Deegod again committed the case to the Court of Sessions Judge, Kota from where case was transferred to the Additional Sessions Judge (Fast Track) No.1, Kota. Charge was framed under Section 302 IPC against accused-appellant to which he denied. During trial prosecution examined 17 witnesses. After recording statement of accused under Section 313 Cr.P.C. defence examined two witnesses. After hearing arguments, the accused-appellant was convicted and sentenced as aforesaid.

(3.) Heard learned counsel for the parties and perused the record.