BABUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17-3-1998 passed by the learned Sessions Judge, Pratapgarh, convicting the appellant of offence u/S. 302, I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 250.00 and in default of payment of fine to further undergo one month's simple imprisonment. He has also been convicted of the offence u/S. 447, I.P.C. and sentenced to three months' imprisonment and a fine of Rs. 100.00 and in default of payment of fine to further undergo fifteen days' imprisonment. Both the substantive sentences have been ordered to run concurrently.

(2.) Briefly stated the prosecution case is that on 2-1-1995 at 3.40 p.m., P.W. 8 Homla lodged an oral F.I.R. Ex. P.12 before P.W. 3 Jeeva, S.H.O., Police Station, Salamgarh, stating inter alia that in the afternoon at about 1 p.m., he along with deceased-Mangu were on the way to attend the 'Mausar' (feast on death). When they passed through the field of Mangu, appellant-Babuda was found plucking gramms and cutting grass from the field. Mangu asked Babuda not to damage his crop. On which, Babuda, caught hold of Mangu, threw him on the ground, sat on his chest and pressed the neck. In this way, Mangu died. On this report, police registered a case for the offence under Ss. 302 and 447, I.P.C. The police inspected the site and prepared the inquest report and sent the dead body for autopsy. After usual investigation, police laid charge-sheet against the appellant-Babuda.

(3.) The appellant denied the charges levelled against him and claimed trial. The prosecution in support of the case examined 14 witnesses and produced certain documents. The appellant in his statement under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. The learned Sessions Judge found the prosecution case proved. He convicted and sentenced the appellant as noticed above.