UMED SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this appeal filed under S. 374(2) Cr. P.C. accused appellant Umed Singh has assailed the judgment and conviction dated 31-1-2001 delivered by Additional Sessions Judge, Deedwana in Sessions Case No. 30/99 by which he was convicted under S. 304, Part II, IPC and was awarded seven years' rigorous imprisonment along with a fine of Rs. 5,000.00. Similarly, under S. 323, IPC he was sentenced to a fine of Rs. 1000.00 only. #

(2.) The charges against the accused appellant were that at about 2-30 p.m. on 2-9-1997 in village Jhardia in the house of deceased, Umed Singh accused came armed with a lathi and gave blows on the head of Datar Kanwar resulting which she fell down. Her younger sister PW-1 Bhanwar Kanwar tried to intervene but she too was given lathi blow on her right hand and thereafter accused ran away. Injured Datar Kanwar was taken to Ladnu Hospital from where she was referred to SMS Hospital, Jaipur where she was operated upon for the head injuries but died on 15-9-1997. However, Ex. P/1 written FIR was lodged at 6-00 p.m. on 2-9-1997 itself by PW-1 Bhanwar Kanwar. Postmortem report was also conducted and after usual investigation the accused was challenged and charged under S. 302 as also S.323, IPC. #

(3.) Accused appellant denied all the charges and claimed trial, hence, prosecution examined 13 witnesses and exhibited 16 documents. In statement given under S. 313, Cr. P.C. accused appellant denied all the incriminating evidence appearing against him and pleaded that he has been falsely implicated. Thereafter the learned trial Court after a threadbare assessment and analysis of the evidence held the accused guilty and convicted and sentenced as aforestated. #