DULA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FOR the offences punishable under Sections 302, 324 and 323 IPC, the accused appellant was convicted under judgment dated 17.7.2003, passed by learned Additional Sessions Judge, Deedwana and was ordered to be sentenced as under:

(2.) IN brief, the facts of the case are that PW -4 Smt. Bhanwari Devi on 2.9.2002 made a statement before the Station House Officer of Police Station Maulasar that on the same day at about 09:00 AM her son Dula Ram gave an axe blow on the head of his wife Smt. Shanti and also gave an axe blow to her when she went into the room on hearing cry of Smt. Shanti. As per statement, Dula Ram then ran away from the house and on way he also gave an axe blow to Smt. Soni who was passing through the path. Smt. Bhanwari Devi also stated that from last about 15 days Dula Ram was not feeling well and he was making a complaint about his mental condition. On basis of the statement aforesaid (Ex.P/16) a case was registered for the offences punishable under Sections 302 and 307 IPC and after regular investigation a charge sheet was filed. The matter then was committed for trial and charges were framed for the offences punishable under Sections 302, 307, 323 and 324 IPC. The accused appellant denied the allegations and desired for trial.

(3.) PW -4 Smt. Bhanwari Devi, who is mother of accused, was declared as hostile witness, however, the trial court while relying upon the statements of PW -5 Smt. Soni Devi, PW -10 Hardeen Ram, PW -11 Nathi Devi, PW -12 Rampal and the investigating officer PW -21 Jitendra Singh, found the accused appellant guilty for the offences concerned and sentenced accordingly.