RAMLINGAM @ RAMLILO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated April 25, 1990 passed by the Additional Sessions Judge, Karoli. by which appellant Ramlingam @ Ramlilo was convicted under section 302 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 2C00.00 in default of payment of fine to undergo one years R.I.

(2.) Briefly, stated the facts of the case are that on Oct. 2, 1988 at 5.30 P.M. Ramlingam appellant and deceased Silumittio were playing cards outside the house of Laxmi (PW 1). Deceased was losing and quarrel ensued between the deceased and the appellant. The appellant is said to have gone to his house nearby and brought one Tievar (an iron patti) and inflicted a blow on the head of Silumittio. He fell down. Meanwhile Parvat, the eleven years daughter of the injured, called her mother Soleamma (PW 8) at the site and she is also said to have been the occurrence. The injured was taken to Hindaun Hospital where Dr. Narayan Lal (PW 7). Senior Medical Officer, Incharge. Public Health Centre, Hindaun examined his injuries. The Doctor sent the information vide Ex.9 to Police Station Hindaun. Rajendra Singh (PW 9), Station House Officer on receiving the information deputed Laxmi Narain (PW 5), A.S.I., to hospital. Laxmi Narain recorded the statement of the injured which is Ex.P.4. On the basis of that parchabayan case was registered against the appellant. The injured was then taken to Gangapur and Bayana hospitals for treatment and lastly at the Railway Hospital, Kota, where he succumbed to the head injury sustained by him on Oct. 6, 1988. Dr. C.M. Srivastava (PW (-) conducted the autopsy over the dead body of Silumittio and prepared the postmortem examination report Ex.P.7. The cause of death according to Dr. Srivastava was comma as a result of head injury. Vide Ex.P.13, information was sent at Railway Colony, Police Station Kota. Kalyan Singh, A.S.I. (PW 10) of that Police Station went to the hospital and prepared the panchayatnama of the dead body and got the postmortem examination conducted, as stated earlier. Kalyan Singh, A.S.I. (PW 10) sent information to Police Station, Hindaun. Laxmi Narain, A.S.I. (PW 5) went to the site and prepared the site plan Ex P.2. On Oct. 5, 1988, the appellant was arrested vide memo Ex P.5. While in custody the appellant is said to have furnished information for getting recovered the Tievar from his house. In pursuance of that information the Investigating Officer, recovered Tievar Ex.l vide memo Ex.P.3.

(3.) Upon completion of necessary investigation charge-sheet was filed against the appellant in the Court of Judicial Magistrate, Hindaun. The case on committal reached the Court of Additional Sessions Judge, Karoli. The learned Judge charge-sheeted the appellant under section 302 I P.C. and recorded his plea. On his denial of the charge, trial proceeded. Prosecution examined ten witnesses in all. In his statement under section 313 of the Code of Criminal Procedure the appellant denied the allegations levelled against him. The learned Judge placed reliance on the prosecution witnesses and passed the judgment under appeal.