DHARAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 11.10.2006 passed by Additional Sessions Judge (Fast Track) Hindauncity in Sessions Case 06/06 (01/06) by which he acquitted the accused-appellant under Section 302 IPC, but convicted him under Section 341, 304 Part-II IPC and sentenced to undergo 7 years rigorous imprisonment and fine of Rs.2,000/- in default of payment of fine to further undergo six months imprisonment under Section 304 Part-II IPC and sentenced to undergo one month's rigorous imprisonment under Section 341 IPC and further observed that both the sentences shall run concurrently.

(2.) Brief facts of the prosecution case are that PW5-Sher Singh lodged FIR Ex.P/6 on 17.9.2005 and stated that at 10.00 a.m. his father-Prem Singh was going to his field with buffalows near Baghwale well. Accused-appellant-Dharam Singh restrained his father and inflicted blows with iron Tangari on head, ribs and foot of his father. He heard cries of his father and reached on the spot alongwith his wife Sharda and witnesses Shiv Singh and Laxman. During treatment in the hospital Prem Singh died. On this report case under Section 323,341,302 IPC was registered and after completion of investigation challan was filed under Section 341,323,302 IPC in the Court of A.C.J.M.Hindauncity. Case was committed to the Court of Additional Sessions Judge, Hindauncity which was transferred to Additional Sessions Judge (Fast Track) Hindauncity. Charge under Section 341,302 IPC was framed against the accused-appellant to which he denied. During trial 11 witnesses were examined by the prosecution and after recording statement of accused under Section 313 Cr.P.C. and hearing arguments accused-appellant was convicted and sentenced as aforesaid.

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