MOHNLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 7.3.2003 learned Additional Sessions Judge, Sangariya convicted the appellant accused for commission of an offence under Section 302 IPC and for that sentenced him to undergo imprisonment for life term with a fine of Rs. l000/- and in default to payment of fine the accused was required to further undergo six months rigorous imprisonment.

(2.) The factual matrix, necessary to be noticed is that on 24.3.2002 Shri Ramdev Singh, the then Station House, Officer of Police Station Sangariya, recorded statements of PW-9 Smt. Saroj at the place of incidence and on that basis lodged an FIR to investigate alleged offences under Sections 302 and 450 IPC. PW-9 Smt. Saroj in the statement aforesaid (Ex.P/7) stated that she married with deceased Sohanlal about 8-9 years earlier and since then she was residing with him in a house at Ward No. 8. About a period of three months earlier to the date of incident, she came to reside in Ward No. 8 at the instance of her father-in-law. The retention of Sohanlal and his family was not liked by Mohanlal (elder brother of deceased), thus, he used to quarrel with them. On the day of incident at about 7:00 PM deceased Sohan after completing his labour work came to home and gave some money to Saroj to bring flour. At that time Ramswaroop asked Sohan to give him a bidi, for that Sohan instructed Sukhpal, his son, to bring a bundle of bidi also. An another son of Sohan viz. Ravi (born from his first wedlock) also came then and stated that he will give beating to Sukhpal. Sohan then asked to Ravi the reason for giving such beating. On this asking, Mohan who was standing near to wall came forward and supported Ravi. Mohanlal suddenly carried a brick and gave a blow from that on the head of Sohanlal, consequently he fell down. Sohan was then taken to hospital and was declared dead.

(3.) After regular investigation accused Mohanlal was charge-sheeted for the offences punishable under Section 449 and 302 IPC. The case then was committed to the court of learned Additional Sessions Judge No. 1, Hanumangarh and was then transferred for trial to the court of Additional Sessions Judge, Sangariya. The prosecution substantiated its case by producing nine prosecution witnesses and also exhibited 24 documents. The accused was put forth for examination as per provisions of Section 313 Cr.P.C. wherein he denied all the allegations, whatever said by the witnesses and also whatever available in evidence against him. The defence produced DW-1 Ravi in witness box, and also got a document i.e. the statement of one Kuldeep Singh as Ex.D/1 exhibited.