BABU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been preferred by accused Babu Singh S/o Ram Singh R/o Rajwa, Police Station Bhim, against the judgment and order dated 20.9.2003 passed by the learned Additional Sessions Judge (Fast Track), Rajsamand in Sessions Case No. 29/2003 whereby the accused appellant was convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and a fine of Rs. 1000/- and in default of payment of fine, to further undergo six months' simple imprisonment.

(2.) The brief facts of the prosecution story are that complainant Tara Singh lodged a report in the Police Station Bhim, stating the fact that on 15.3.1984, his uncle Mod Singh came from Rajwa to his village Dhura-ka-Vaniya and at that time accused appellant Babu Singh was standing in the way in front of deceased Mod Singh's house. Babu Singh wrongfully restrained Mod Singh and started to beat him with an axe. The accused appellant inflicted one injury on the head and another on the hand of the deceased. On hearing the hue and cry, the complainant along with his mother and wife of Mod Singh, came there. At that time accused appellant ran away. On 16.3.1984 they went for treatment of the deceased at Beawar hospital. In the F.I.R. it is also mentioned that due to the time consumed in the treatment, F.I.R. could not be lodged in time. On the basis of Ex.P-1, first information report, Criminal Case No. 31/1984 under Sections 341 and 323 of the Indian Penal Code was registered and the investigation commenced.

(3.) During the course of investigation, on 21.3.1984 the injured Mod Singh succumbed to death on account of the alleged injuries. Therefore, offence under Section 302 I.P.C. was also added.