CHHITAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 02.12.1997, delivered by learned Sessions Judge, Kota, in Sessions Case No. 257/1994, State of Rajasthan Vs. Chhitar Lal , convicting and sentencing the accused appellant Chhitar Lal u/s. 302 Penal Code to suffer imprisonment for life.

(2.) The occurrence which was the subject matter of the charge against the accused appellant took place at about 7.30 p.m. on 26.04.1994, at village Kheda-Rasulpur. PW-1 Heeralal son of the deceased Latoor Lal, lodged a written report Ex.P/1, at Police Station Kaithun, district Kota at about 8.15 a.m. on the same day with the averments that his father Latoor Lal, aged 70 years, while going with his cows infront of one Madan Lal's house was given knife blow by accused Chittar Lal, resulting into his death on the spot. This incident was witnessed by PW-6 Nathu Lal, PW-5 Shiv Prakash and others. It was next stated that his mother PW-2 told that the accused Chhitar was coming to their house on which she closed the door of the house. When the informant Heera Lal went on the roof, he saw accused Chittar with knife in hand, who ran towards the hospital. Thereafter, he reached the spot and found his father dead. It is further stated that Moti Lal, father of the accused executed a will of one house in favour of her daughter Smt. Ganga, PW-16, who lateron sold this house to Bharat Kumar, PW-78, brother of the informant Heera Lal for a consideration of Rs. 35,000.00 and hence the accused was having enimity.

(3.) Formal FIR Ex.P/2 was registered u/s. 302 Penal Code and after usual investigation, charge sheet was filed in the Court of learned Judicial Magistrate No. 3, Kota (North), who committed this case to the Court of learned sessions Judge, Kota. The accused pleaded not guilty of the charge u/s. 302 Penal Code and claimed the trial.