RAJALLI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374(2) of the Criminal Procedure Code is directed against the judgment of conviction and order of sentence dated 25.9.1999 passed by the Additionai Sessions Judge, Hindaun City. District Karauli, by which the learned Additional Sessions Judge, convicted the accused appellant for offence under Section 304, Part II IPC and sentenced him to s undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/.. in default thereof to further undergo simple imprisonment for three months

(2.) The facts feedings to this appeal are that on the basis of the Parcha Bayan (Ex.P.4) of Smt. Devi, PW. 2 recorded on 16.1.1996 at about 4.15 P.M. by the HC Ram Sahai PW.14 Police Station Hindaun at PHC Hindaun City, a to case for offence under Sections 341, 323 and 34 I.P.C. was registered vide FIR No. 19/96 at Police Station Toda Shim 19.1.96 at 7.30 PM. in the Parcha Bayan Ex.P.4 Smt. Devi alleged that they are two real sisters. Her elder sister is Shanti, whose husband is Rajalli. Her sister and brother-in-law (Jija) sold the land of her share to Jagnya Meena. She alleged that at the time of is incident, appellant Rajalli was cutting the Babool tree standing on the land in dispute. When she and her husband asked Rajalli not to do so, appellant Rajalli inflicted an axe blow on the head of her husband while accused Prahlad inflicted a lathi blow on his head. When she tried to save her husband, accused Prahlad inflicted a lathi below on her head and in aggression he repeated blow by stick (Lakdi) on the right hand of her husband. According to her, accused Jagnya was also inflicting blows by lathi. On her raising hue and cry, number of persons of the village collected at the scene. Thereafter they became unconscious and were taken to the Hospital at Hindaun by their family members. The condition of her husband was serious. Subsequently, injured Bambal was referred to SMS Hospital, Jaipur where he died on 23.1.1996 and the police added Section 302 I.P.C.

(3.) In the course of investigation, the police got conducted autopsy on the lead body of deceased Bambal, accused persons were arrested, weapon of the offence and other articles were recovered and seized, and state vents of the witnesses were recorded. Having completed entire formalities as to the investigation, the police filed a charge sheet against three accused persons, namely, Jagnya, Rajalli and Prahlad.