MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal has been preferred by accused-appellant Mangilal against the judgment of learned Additional District and Sessions Judge (Fast Track No.4), Jhalawar-camp-Aklera in Sessions Case No.27/2003 dated 11/09/2003 whereby, he was convicted for offence under Sec. 302 Penal Code and sentenced to life imprisonment with fine of Rs.1000.00, in default of payment of which, he was directed to further undergo rigorous imprisonment of one year.

(2.) Facts of the case as revealed from the record are that one Jagannath S/o Nanda, R/o Sarda submitted a written report to the SHO Police Station Bhalta at about 7.00 p.m. of 8/11/2000 complaining that in the evening of that day about 5.30 p.m., he left his agricultural field for his house. His niece Prembai was also coming behind him. Suddenly, when they reached in front of the agricultural field of Ratan, he heard Prembai crying. When the complainant turned around, he saw that Mangilal S/o Ramchandra Mali, who was having a long knife in his hand, was inflicting blows on her body. He caused 4-5 knife injuries on the face, neck and hands of Prembai. Complainant cried for help. Upon hearing his hue and cry, Shivlal, Badrilal, Poonam, Rambabu and Ramsagar came rushing there. Accused thereupon fled from the place of occurrence. Complainant followed him and caught hold of him and snatched knife from him. The accused was taken to the Police Chowki Sarda and then he was brought to Police Station Bhalta.

(3.) Police on receiving the aforesaid written report, chalked out regular First Information Report No.141/2002 for offence under Sec. 302 IPC. After conclusion of investigation, police filed challan against the accused for offence under Sec. 302 IPC. Accused denied the charge and claimed to be tried. Prosecution examined as many as 27 witnesses in support of its case and exhibited 23 documents. Accused in his defence neither produced any witness nor exhibited any document. He however in his examination under Sec. 313 Crimial P.C. denied the charge. Learned trial court after hearing arguments of the parties, convicted the accused-appellant for offence under Sec. 302 Penal Code and sentenced him in the manner indicated above.