BHOJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This D.B. Criminal Appeal has been preferred by the accused-appellant Bhola Gurjar who has been convicted by the court of Addl. Sessions Judge (Fast Track) No.1, Bhilwara in Sessions Case No.3/2005 by judgment and order dated 9.8.2005 and has been sentenced to undergo life imprisonment for committing offence punishable under Sec. 302, Penal Code with fine of Rs.2000.00, in default thereof, to undergo two months' simple imprisonment.

(2.) As per the prosecution case, on 12.12.2004 at 5.15 p.m., the complainant Bholu s/o Gopi lodged the oral report that today in the morning at 9 a.m., he and his son Suresh was at their residence. His wife Badu went to one Bara to took out the corn from the crop. From their, the complainant heard some voices of quarrel which was going on between complainant's (cousin) brother Narayan's wife Jeti and complainant's wife and Jeti was scolding the complainant's wife that her daughter took away some sticks from her fence. Hearing the voices of the quarrel, the complainant' son (Suresh) and the complainant rushed towards the place of quarrel and during this quarrel, the accused-appellant Bhoja inflicted one injury on the head of complainant's wife by one stick. The complainant's wife fell down and went in unconsciousness . The complainant asked the appellant Bhoja why he has inflicted the injury on the complainant's wife but the accused did not reply and left the place. According to the complainant, he took his wife for treatment at (village) Dhamaniya and thereafter to Mandalgarh. However, because of the deterioration of condition of the victim Badu, he started for hospital at Kota. On the way Badu died and she has been brought back to the village. It is stated that due to shock, he could not come to the police station forthwith and now he is lodging the FIR. On the basis of this, a criminal case No.143/05 under Sec. 302, Penal Code was registered and site was inspected. The site map was prepared after recording formal FIR Ex.P.2. The Panchnama of the body of the victim Badu was prepared and pieces of broken bangles were recovered from the spot. The weapon of offence, one stick, was also recovered. The map and site report for the place of recovery was also prepared. Body was sent for post-mortem and the post-mortem report was obtained. The accused-appellant was arrested on 15.12.2004 vide arrest memo Ex.P.10. The statements of various witnesses were recorded and after completion of the investigation, the challan was filed in the court.

(3.) In trial court, charge under Sec. 302, Penal Code was framed against the accused which was denied by the accused-appellant and he sought trial.