ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Ashok Kumar @ Ashoki has been convicted and sentenced as below vide judgment dated 14.12.2016 passed by the learned Special Judge, (Women Atrocities Act) Cases, Sri Ganganagar in Sessions Case No. 70/2013 (275/2014):

(2.) Being aggrieved of his conviction and sentences, the appellant has preferred this appeal under Section 374(2) Cr.P.C.

(3.) Ramchandra (PW-3), Sub Inspector posted at the Police Outpost Meera Chowk, Police Station Jawahar Nagar, District Sri Ganganagar received a telephonic information from the City Control Room on 19.4.2013 at about 5.30 pm. that a quarrel was going on near Hanuman Temple in Street No. 5, Ashok Nagar-B. Acting on the information, Ramchandra, S.I. alongwith F.C. Keshar Singh proceeded towards the place of incident. He reached the house in Street No. 5; the door whereof was open. Dead bodies of an old lady and a man were lying in the Courtyard of the house. On inquiring from the neighbours, Ramchandra came to know that the lady's name was Rajbala and the man was her son Rajkumar. He was told that half an hour ago, the lady's grandson Ashok Kumar son of Hanuman Meghwal came to the house and after indulging into a quarrel with them, he left the spot declaring that he had done away with both and had ended the dispute forever. No one from the neighbourhood agreed to present a report whereupon, Ramchandra lodged the report (Ex.P/7) with these allegations to the SHO, Police Station Jawahar Nagar. It was further mentioned in the report that the injuries to both the dead persons had been inflicted by a sharp weapon and that a blood stained axe was lying nearby. It was inferred by him that Ashok killed his grandmother and uncle owing to an internal family feud. On the basis of the above report, an FIR No. 228/2013 (Ex.P/8) was registered at the Police Station Jawahar Nagar, Sri Ganganagar for the offence under Section 302 I.P.C. Investigation was assigned to the Officer In-charge, Police Station Jawahar Nagar Shri Arvind Kumar (PW-13). The formal documents pertaining to the crime scene viz. Panchayatnama Lash of the two dead bodies, seizure memo of the dead bodies, site inspection plan, the site inspection memo, etc. were prepared. The accused appellant was arrested on 19.4.2013 at 8.40 pm. vide arrest memo (Ex.P/11). Blood stained clothes worn by the accused at the time of his arrest were seized vide seizure memo (Ex.P/12). After concluding the investigation, a charge-sheet came to be filed against the accused appellant for the offence under Section 302 I.P.C.