GHANSHYAM ALIAS GHAMLYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 22-10-1999, passed by learned Additional Sessions Judge, Aklera, in Sessions Case No. 154/96, whereby the accused-appellant was convicted and sentenced with 7 years' R.I. and fine of Rs. 500.00 in default to further undergo one months' simple imprisonment, under Section 304-A (wrongly quoted Section) and seven years' R.I. and fine of Rs. 500.00 in default one months' simple imprisonment under Section 307, I.P.C. Both the sentences were ordered to run concurrently.

(2.) The prosecution case in brief is that Parchabayan (Ex. P.6) of P.W. 5 Daulatram was recorded in S.R.G. Hospital, Jhalawar by P.W. 15 Om Prakash, Head Constable, Police Station, Jhalawar on 19-4-1996 at about 10 p.m. stating therein that on account of marriage of Kashi Ram s/o Ghasi Gujar, at about 11 p.m. on 18-4-1996, a folk dance was being performed. At that time accused Ghanshyam alias Ghamlya, came and all of a sudden inflicted a lathi blow on the head of his nephew Chain Singh who was sitting there. Chain Singh started bleeding and became unconscious. He was taken to hospital at Aklera in a bullock cart from where he was referred to hospital at Jhalawar. This incident was witnessed by Sheo Ram, Dhan Singh, Nathu and Mangi Lal. It was also averred that there was enmity between the parties on account of grazing of cattle.

(3.) Formal F.I.R. Ex. P.14 was registered at Police Station, Jhalawar under Section 307, IPC. Investigation commenced. Injured Chain Singh died at about 10.50 a.m. on 20-4-1996, hence offence under Section 302, IPC was added. After completion of investigation charge-sheet under Sections 307 and 302, IPC came to be filed. In due course, this case came up for trial before the learned trial Judge who framed charges under Sections 307 and 302, IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as twenty witnesses. Thereafter the accused was examined as provided under Section 313, Cr. P.C. He denied the prosecution evidence and stated that his father had already filed a case against Dhan Singh, Nathu, Daulat Ram and Mangilal and he was implicated on account of this enmity. However, the accused-appellant did not examine any witness in defence. The learned trial Court having heard final submissions, acquitted the accused-appellant for an offence under Section 302, IPC but convicted and sentenced him as stated hereinabove.