GOPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was indicted before the learned Additional Sessions Judge, Ramganjmandi, District Kota in Sessions Case No. 223/98 for having committed murder of Prakash vide judgment dated June 4, 1999. Learned Additional Sessions Judge found the appellant guilty and convicted and sentenced him under Section 30 of the Indian Penal Code to suffer imprisonment for life and a fine of Rs. 100/-, in default to further undergo six months simple imprisonment.

(2.) THE prosecution case as projected during trial is that Pema PW. 1 on May 17, 1997 at 10:00 A. M. orally informed Police Station Kanwas that Prakash aged 10 years after the death of his parents was residing with Gopi, his real uncle for the last 2-1/2 years. On that day in the morning around 5:00 A. M. Gopi's son Jhujhar came rushing to him and informed that Gopi axed Prakash. THE informant immediately reached to the spot and found Prakash dead, lying in a pool of blood in the chowk.

(3.) ONLY witness which supports the case of prosecution is Jhujhar PW. 3 who is the son of the appellant. When his statement was recorded he was 12 years of age. In his deposition Jhujhar stated that his father inflicted two axe blows on the neck of Prakash. He also stated that Pema had also seen the occurrence. In his cross-examination he admitted that after the death of his mother all the three brothers used to reside with the appellant. He admitted that on the date of recording his evidence he was residing with Pema. He also deposed that Pema used to quarrel with the appellant about the land. Learned trial Court placed reliance on the statement of Jhujhar despite his being the child witness.