SAHAB RAM Vs. STATE

JUDGEMENT

(1.) BY the judgment impugned dated 24.2.2009 learned Additional Sessions Judge (Fast Track) No.1, Hanumangarh convicted the accused appellant for the offence punishable under Section 302 Indian Penal Code and sentenced to undergo imprisonment for life term with a fine of Rs.2000/-, further to undergo two months additional imprisonment in event of default in payment of fine.

(2.) IN brief, facts of the case are that on 30.9.2006 at 03:15 PM Shri Mumtaz Ali, Head Constable, Police Station Tibbi, recorded a parcha bayan (Ex.P/1) wherein Shri Mangilal son of Amilal (PW-1) stated that on 27.9.2006 at about 09:00 PM on hearing some noise from the house of Sahab Ram (accused), he and his father Shri Amilal (deceased) rushed to Sahab Ram's house. At Sahab Ram's house Sahab Ram and Brijlal were fighting, thus, Amilal raised a "lalkara" to maintain peace, but Sahab Ram immediately brought a "kapa" and inflicted a head injury to Shri Amilal. Amilal then was brought to hospital.

(3.) AN another eye witness PW-4 Vikram also unambiguously supported the prosecution story. PW-5 Maniram also stated that a "kapa" blow was given by Sahab Ram on the head of deceased Amilal. As per PW-16 Dr. O.P.Saini, who conducted autopsy on the person of Amilal, the cause of death was the head injury as per the details given in the postmortem report Ex.P/21. The report of the Regional Forensic Science Laboratory, Jodhpur is available on record as Ex.P/20 and according to that the articles Kamiz, Pajama, Pent, Shirt and the "kapa" were stained with "O" group of blood. Suffice it to mention here that the articles Kamiz and Pajama are of deceased, Pent and Shirt are of the accused and "kapa" is the weapon said to be used by the accused appellant.