KISHAN LAL @ KRISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Sessions Judge, Sri Ganganagar by the judgment and order impugned dated 16.9.2005 recorded conviction of accused appellant for the offences punishable under Sections 302 and 307 I.P.C. and awarded sentence as under : -

(2.) THE facts of the case as unfolded in the judgment impugned are that a statement made by Smt. Mahendra Devi (PW -1) on 24.7.2004 at Government Hospital, Sri Ganganagar was reduced in writing and on basis of that an FIR (Exh.P/1) was lodged at Police Station, Chunavad. As per the facts stated, Mahendra Devi, a married daughter of accused Krishan Lal came to her parental house from the day she came, the accused left his own house and was residing with his brother Ved Prakash. In the morning of 24.7.2004, when Smt. Mahendra was washing clothes in bathroom, her father came and gave a 'kassi' blow on her shoulder and arms. Hearing the screams made by Mahendra, her mother Guddo came and asked the reason for beating the girl. Other family members Kalu Ram, Ram Pratap and Sultan were also present there. The accused Krishan Lal then left his daughter and ran behind Smt. Guddo. He gave 'kassi' blows to her, consequently she died.

(3.) THE prosecution supported its case with the aid of 16 witnesses, out of whom PW -1 Mahendra Devi, PW -2 Sarbati Devi, PW -3 Ram Pratap and PW -4 Ved Prakash were cited as eye -witnesses. Dr. Darshan Singh (PW -10) adduced medical evidence and PW -16 Dinesh Kumar narrated all the steps taken during the course of investigation, being Investigating Officer. The prosecution also got 15 documents exhibited to substantiate the charge. An opportunity was accorded to the accused to explain adverse and incriminating circumstances appearing against him in prosecution evidence. While availing this opportunity, accused while denying his involvement in the crime in -question tried to explain that his daughter Mahendra was having pre -martial relations with Ram Pratap Godara. She was maintaining this relation even after her marriage. He tried to restrain her but deceased Guddo and his son Balram were not supporting him. On the fateful day he saw Mahendra sitting with Ram Pratap. On being annoyed, he gave 'kassi' blow to Mahendra. Ram Pratap fled from the place, but in the meantime Guddo came there. She tried to save Ram Pratap as well as Mahendra. During this quarrel, Guddo received injury from 'kassi' and she died. He also stated that his inlaws implicated him in a false case. In defence two documents, those are, the so -called dying declaration made by Mahendra and statement of Balram given under Section 161 Cr. P.C., were exhibited. The trial court after examining the entire evidence available on record, recorded conviction of the accused and sentenced him accordingly.