BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals, one through Superintendent Central Jail, Kota and another in representative capacity are directed against the judgment dated 25. 1. 97 passed by the Sessions Judge, Jhalawar, by which he has convicted accused appellant Bhanwar Lal under Section 302 IPC and sentenced him to life imprisonment.

(2.) BRIEFLY stated the facts of the prosecution case are, that PW. 9 Chhagan Lal, so called eye witness to the occurrence lodged an oral report at Police Station, Jhalawar on 18. 1. 95 at about 10. 40 P. M. stating therein that on 18. 1. 95 at about 10. 00 P. M. he was going to the house of Bhagwan Singh alongwith Kanchan Bai wife of Shri Bhagwan Singh. When he reached near the house of Master Jaffer Bhai situated in Nala-Mohalla, accused Bhanwar Lal all of a sudden appeared and inflicted a sword blow on the head of Kanchan Bai, as a result of which she fell down and blood oozed out. when he tried to save Kanchan Bai, accused Bhanwar Lal inflicted sword blow which hit in between his left thumb and finger. Accused also inflicted injury on his paw. He tried to catch hold of accused, but he failed in his efforts. Thereafter accused further inflicted 2-3 blows by sword on Kanchan Bai. Hearing cries, Bhagwan Singh, Mehar and Badan Singh, Constable came to the place of occurrence and cought hold of accused Bhanwar Lal with sword in his hand.

(3.) ON completion of investigation, the police submitted a charge sheet agains the accused appellant u/s. 302, 307, 341, 324 and 323 IPC in the Court of Judicial Magistrate Ist Class, Jhalawar, who in turn committed the case to the Court of Sessions.