NATHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred to assail the judgment and order dated 27.1.2005 passed by learned Additional Sessions Judge (Fast Track), Rajsamand convicting the appellant for the offence punishable under Section 302 Indian Penal Code for life term with fine of Rs.1000/- and further to undergo three months additional imprisonment in event of default in payment of fine. Conviction is also recorded for an offence punishable under Section 341 Indian Penal Code and for that a sentence of three months imprisonment with fine of Rs.100/- is awarded.

(2.) The facts as unfolded in the judgment impugned are that on 10.6.2004 oral statement (Ex.P/21) of Shri Singa was reduced in writing by incharge Police Station Bekaria at Primary Health Centre, Malva. As per the statement, accused Natha with Uda and 2-3 other persons restricted Singa on way on 9.6.2004 at about 08:00 PM. An axe blow was given by Natha towards the head of Singa and that was resisted by putting hands ahead. Consequent to the blow aforesaid Singa received an injury near his ear. A lathi blow then was given by Uda on the head of Singa, consequent to which he fell down and then he was severely beaten by Natha and Uda with lathis. On making alarm Jeeva and Goma rushed towards the spot of occurrence and on seeing them the accused fled from the spot.

(3.) On basis of the statement reduced in writing (Ex.P/21), a case was lodged warranting investigation for the offence punishable under Sections 307/34, 325, 323 and 341 Indian Penal Code, however, as a consequent to death of Singa on 12.6.2004 while availing treatment, investigation was launched for the offences punishable under Sections 302/34 and 341 Indian Penal Code.