GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has preferred the instant appeal under Sec. 374 (2) CrPC for assailing the judgment dtd. 19/12/2014 passed by the learned Additional Sessions Judge, Dungarpur, Camp Sagwara in Sessions Case No.2/2013, whereby he has been convicted and sentenced as below :-

(2.) Briefly stated, facts relevant and essential for disposal of the appeal are noted hereinbelow :-

(3.) Shri Laxman Lal (P.W.6) lodged a written report (Ex.P/10) at the Police Station Varda, District Dungarpur on 1/11/2012 at 01.15 a.m. alleging inter alia that his elder brother Shri Bhanji had passed away two years ago. His sister-in-law Smt. Hanjana and her two daughters-in-law were residing together in the ancestral home at their Village Nava Padar. Her two sons were living in Bombay for earning their livelihood. In the evening of 31/10/2012 at about 07.30 p.m., his relative Ganesh, son of Punjilal Ahari, entered into the house of Smt. Hanjana. He inflicted blows of a knife on the face and neck of Hanjana, aged 60 years, killing her instantaneously. A small child named Govind was also sitting besides Smt. Hanjana. He too was inflicted injuries by the accused. The incident was seen by Smt. Durga, wife of Ramesh and daughter in law of the deceased. On hearing the hue and cry, the first informant and few other people rushed to the spot. Ganesh, however, escaped after committing the crime.