SHIVSHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Though the matter has come up before the Court on the miscellaneous application for suspension of sentence No. 556/2022, but with the consent of learned counsel for the parties, the matter is heard finally at this stage.

(2.) The appellant has preferred the instant appeal aggrieved by the judgment and order of sentence dtd. 16/1/2016 passed by the learned Additional Sessions Judge No. 1, Bundi whereby the appellant has been convicted for offence under Sec. 302 of the Indian Penal Code (hereinafter referred to as "the IPC") and has been sentenced to life imprisonment and fine of Rs.5,000.00 and on non-payment of the fine, to further undergo six months simple imprisonment.

(3.) Briefly stated the facts of the case are that on 27/2/2014, complainant - Om Prakash lodged an FIR that on 21/2/2014 his mentally retarded brother Shivshankar hit his brother Murlidhar with an axe on his head at 11.00 a.m. and that Murlidhar expired on 27/3/2014 during treatment. The police after due investigation submitted a charge-sheet against the accused appellant. The appellant denied the charges levelled against him and sought trial. As many as 14 witnesses were examined on behalf of the prosecution and as many as 21 documents were exhibited. Explanation of the accused appellant was recorded under Sec. 313 Cr.P.C. and after hearing final arguments, the trial Court has convicted the accused appellant for offence under Sec. 302 IPC and sentenced him as hereinabove mentioned.