PARBHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment passed by learned Additional Sessions Judge No. 2, Bharatpur on 15. 05. 1990 whereby he convicted accused-appellant for offence under sec. 302 IPC and sentenced him to life imprisonment and a fine of Rs. 100/-and in default of payment of fine, he was ordered to undergo 7 days R. I.

(2.) BRIEF facts, giving rise to this appeal are that an FIR was lodged at Police Station Weir on 3-9-87 at 6. 00 p. m. by Ajmat Singh (P. W. l) wherein it was alleged, by him that in the evening of 1. 09. 1987 when he heard the noise of some quarrel coming from Mohar Singh's house he went there and saw that Bissa, Prabhati, Balram, Dharam Singh and Brijendra Singh were inflicting injuries on the person of Mohar Singh and his wife Bhagwant and one Bhagwat. Prabhati is alleged to have been armed with an iron shod, rest all with lathis. It was further mentioned that Prabhati inflicted a Sariya blow on the head of Bhagwati, who fell down, Bissa inflicted injury on Mohar Singh and Balram on Bhagwat. Dharam Singh and Brijendra Singh also caused injuries to these persons. It was further mentioned that the incident had been seen by Nathi, Had Singh and Damodar. The cause of incident was that Bhagwant was giving bath to her son and on throwing water, the dispute took place between the ladies. The incident is alleged to have taken place in a common chowk in the night. Immediately after incident, Bhagwant was taken to the hospital at Bharatpur where it is alleged that she succumbed to the injuries on the next day at 6-7 a. m. Her post-mortem was also conducted and the report has been lodged after he has returned to Weir.

(3.) THIS case presents unusual features and we are not required to deal with the entire evidence in the case in as much as the case can be decided on the ground of gross latches on the part of the prosecution much less in investi-gating the entire case.