KRISHNA ALIAS KARSAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment impugned 21.8.2008 learned Additional Sessions Judge, Sirohi convicted the accused appellant for the offences punishable under Sections 302 and 449 Indian Penal Code and awarded sentence as under:-

(2.) The factual matrix necessary for adjudication of this appeal is that on 1.4.2008 a written report (Ex.P/1) was submitted to the Station House Officer, Police Station Kalandri by complainant Shri Oparam (PW-1) stating therein that in the morning of the same day at about 09:30 AM his real nephew Krishna son of Jagtaji came to him and after having certain usual domestic deliberations entered in the house of his another nephew Laxman. After some time he heard scream of the wife of Laxman. Son of Laxman aged about 1 1/2 -2 years also came out with severe bleeding. On entering into the room he saw that Krishna was giving indiscriminately stab injuries to Smt. Popat wife of Laxman. Krishna then ran away from the place of occurrence.

(3.) On basis of the information, a case was lodged and investigation commenced. The accused was arrested immediately thereafter and on basis of a disclosure made by him a blood stained knife was recovered. Autopsy on the body of deceased Popat was made by a board of three doctors presided by Dr. Nihal Singh Meena (PW-7). As per the postmortem report (Ex.P/23) the person of Smt. Popat was having following 13 injuries:-