MANIRAM CHAUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12/4/2005 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Jaipur in Sessions Case No.48/2003 whereby, the accused-appellant was convicted for offence under Section 302 IPC and sentenced to life imprisonment and fine of Rs.2,000/- with the stipulation that in default of payment thereof, he shall have to further undergo simple imprisonment of one year.

(2.) Brief facts of the case are that one Smt.Shashi Sharma submitted a written report (Exb.P/2) on 26/3/2003 to the S.H.O. Police Station Mansarovar, Jaipur at 5.30 a.m. alleging that she was residing in House No.14/193 along with her husband Ghanshyam. They shifted to this house only on 10/3/2003. Earlier, they were residing in House No.14/163 of the same colony. She was a government employee serving in Government Hospital at Mansarovar. In the night at around 1.00 a.m. of that day, her pet dog started barking. Her husband Ghanshyam asked her why the dog was barking. She opened the door but nobody was found there. Dog however still kept on barking incessantly. She then again opened the wooden door and noticed one person standing outside the grating door (jali gate). He was looking at her with bad intention. She called her husband, who immediately came there. The said person ran away. Her husband Ghanshyam chased him and she (informant) also ran behind. Ghanshyam reached close to the culprit but he threatened Ghanshyam not to come near or else he will fire at him. He suddenly opened fire at her husband. Her husband told her (informant) that he has fired at him and that she should snatch the revolver from his hands. She noticed in the street light that this person was their neighbour Maniram Chaudhary residing in House No.14/225 in the same lane. When she tried to snatch the revolver, he did not leave the same. She (informant) inflicted repeated stone blows on his head, even then, he did not leave the revolver. Ghanshyam told her to call someone. At this, she knocked the doors of the neighbours but nobody turned up. Then, she rushed to the nearby lane where they were earlier residing and called the neighbourers Kailash, Manoj and Sanjay. She went to the police station on scooter with Kailash. Police immediately came on spot and took both Ghanshyam and Maniram Chaudhary to SMS Hospital, Jaipur. Ghanshyam was declared brought dead.

(3.) That on receiving the aforesaid report, regular first information report was chalked out for offence u/S.302/34 IPC. Post-mortem of the deceased was conducted vide Exb.P/16. As per opinion of the doctor, cause of death was hemorrhagic shock due to ante mortem Injury No.1 and its internal manifestations. Investigation commenced and accused was arrested. After completion of investigation, police filed challan against the accused-appellant for offence u/S.302 IPC. Charge for the said offence was framed against him, which he denied and claimed to be tried. Prosecution has produced 11 witnesses and exhibited 38 documents. The accused examined himself in defence as DW1 and produced 13 documents. The trial court after conclusion of the trial, convicted and sentenced the accused-appellant in the manner indicated above. Hence this appeal.