JANAK RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Janak Raj was charged for the murder of his own son Kanu aged six years and attempt to murder his two other sons Dinesh aged 17 years and Dharmendra aged 9 years. THE appellant claimed protection of legal insanity under Section 84 I. P. C. THE learned Sessions Judge, Balotra, rejected the plea of insanity and found the prosecution case proved. Accordingly, the learned Judge by judgment dated 4. 1. 1996 convicted the appellant for offence under Secs. 302 & 307 I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-; in default of payment to undergo simple imprisonment for 3 months on the first count and to undergo rigorous imprisonment for five years and to pay a fine of Rs. 250/- on the second count. Both the sentences have been ordered to run concurrently.

(2.) BRIEFLY stated the prosecution case is that on 28. 10. 1994 at 2:20 A. M. , P. W. 9 Mohammad Ali presented himself along with P. W. 8 Dinesh and lodged an oral First Information Report stating inter alia that some time before, he came out of the house on the call of P. W. 8 Dinesh. He disclosed to him that his father Janak Raj assaulted him and his two brothers by `jambiya' while they were sleeping. His intestine had come out. He caused injuries to both his brothers Dharmendra and Kanu. The appellant Janak Raj also passed through taking his son Kanu. The child was shouting "mujhe Chhudao, Mujhe Chhudao". At that time P. W. 1 Ganpat Lal & P. W. 2 Mangilal also arrived. Dinesh disclosed the incident to them as well. On this information police registered a case for offence under Section 307 & 324 I. P. C. At that time, the appellant also arrived at the police station along with his son Kanu in seriously wounded condition. The accused was arrested on the spot. His blood-stained clothes were sealed and packed. Kanu died after some time. Therefore, the offence under Section 302 I. P. C. was added. The police prepared inquest report and sent the dead body for post-mortem. After usual investigation, police laid charge-sheet against the appellant for offence under Section 302 & 307 I. P. C.

(3.) P. W. 12 Dr. N. S. Kothari has stated that he examined the injuries of P. W. 8 Dinesh son of Janak Raj aged 17 years. He noticed two injuries. Both the injuries were caused by sharp aged weapon. He prepared the injury report Ex. P16. He stated that the injury No. 1 was grievous as there was fracture of the frontal bone. He also stated that injury No. 2 was dangerous to life. It was repaired by performation. He also examined the injuries of P. W. 10 Dharmendra and noticed four injuries. All the injuries were simple in nature caused by sharp edged weapon. He has proved the injury report Ex. P18. On radological examination injury No. 4 was found to be fracture and as such it was grievous in nature.