BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Addl. Sessions Judge (Fast Track), Ratangarh, by the judgment and order dated 21.3.2002 convicted the accused appellant for an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life term with fine of Rs. 500/ - and further to undergo 1 year's rigorous imprisonment in the event of failure to pay the fine.

(2.) BRIEFLY stated, facts of the case are that PW -6 Gangaram on 6.10.2002 submitted a report at police station' Sardarshahar with insertion that on 5.10.2002, at about 1.00 pm Kesra Ram and Bhanwar Lal both were quarreling and abusing each other on the road near a water tank. Bhanwar Lal was armed with a Lathi and during the course of quarrel he gave a blow from that to Kesra Ram who consequently fell down and became unconscious. Smt. Udi wife of Kesra Ram and Bhera Ram, his son, immediately carried Kesra Ram to house and then one Compounder was called for preliminary treatment. Due to non - availability of vehicle Kesra Ram could not be taken to the hospital and he died in next morning at about 6 -7 a.m.

(3.) PW -10 Bhanwar Lal, Station House Officer, police station 'Sardarshahar was the investigating officer, thus, he narrated all the steps taken during the course of investigation. The prosecution also produced several documents with a view to get their contents established. The accused Bhanwar Lal was examined by the court as per provisions of Section 313 Cr.P.C. for getting explanation relating to the adverse material available against him in prosecution evidence. The accused denied all the allegations and pleaded innocence. He also submitted an explanation in terms that a matrimonial engagement was settled between the son of Ganga Ram and his sister -in -law, however, due to breakage of same Ganga Ram was annoyed with him, and as such, he implicated him in a false case.