PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant Prakash who has been convicted for the offence under Section 302 I.P.C. by the learned Additional Sessions Judge (Fast Track) No.1, Bundi in Sessions Case No.22/2004 and has been sentenced to life imprisonment with a fine of Rs.5,000/-; in default of payment of fine to further undergo one year simple imprisonment.

(2.) Aggrieved by the aforesaid judgment, the appellant has preferred this appeal.

(3.) The brief facts giving rise to this appeal are that on 18.10.2002 PW-5 Smt.Swaroopa Bai lodged a report (Exhibit D/1) alleging therein that about 2:00 PM in afternoon she was cutting fodder on the maed and her son Ramesh (deceased) started the motor for giving water in the crops. At that time a dispute arose between Ramesh and the accused appellant Prakash with regard to preferential right to irrigate the fields and as a result of the aforesaid altercation it was alleged that Prakash, the accused appellant inflicted injury with an axe (kulhari) on the head of Ramesh. PW-5 Smt.Swaroopa Bai further stated that on hearing cries of Ramesh, she came running but the accused appellant accompanied by three other persons Kajod, Sheoji and Ramraj ran away from the spot inflicting injuries to Ramesh. She alleged that the incident has also been seen by Laddu and Nand Kishore who were also close-by in the adjoining fields. It is further stated that they took Ramesh to the hospital at Bundi from where he was referred to Kota. The aforesaid report was lodged at about 7:30 PM with the Sub Inspector, Police Station Hindoli, District Bundi who had come for taking the report at M.B.S.Hospital, Kota. It is also stated in the report that on account of the dispute with regard to the fields there were also earlier animosity between the parties.