RADHEYSHYAM & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed to challenge the judgment and order dated 17.10.2012 passed by learned Additional Sessions Judge No.1, Hanumangarh in Sessions Case No.80/2011 (22/2010) (32/2010) arising out of First Information Report No.226/2010 investigated by the Police Station Hanumangarh Town. By the judgment and order impugned learned trial court recorded conviction of the accused appellants for the offence punishable under Section 304 part-I/109 Indian Penal Code. They have been sentenced to undergo life term imprisonment with a fine of Rs.2000/- each and further to undergo two months rigorous imprisonment in the event of default in payment of fine.

(2.) In brief, facts of the case are that on 20.4.2010 at 03:25 PM Smt. Kamla (accused appellant) wife of Mahavir Prasad submitted a typed report (Ex.P/53) at Police Station Hanumangarh Town with assertion that in the intervening night of 19.4.2010 and 20.4.2010 she was at her hamlet with her son Radheyshyam. At about 04:00 AM her husband Mahavir Prasad came to the hamlet under intoxication and started abusing her son Radheyshyam. Some altercations taken place between her husband and son and during that Radheyshyam gave a lathi blow to Mahavir Prasad. She made an effort to get her son and husband separated but due to a push given, she fell down and became unconscious. Her son Radheyshyam killed her husband and then fled from the spot.

(3.) On basis of the information aforesaid, a case was registered and investigation commenced. During the course of investigation necessary inquiry was made from Om Prakash, brother-in-law of Mahavir Prasad and ultimately informant Kamla, her son Radheyshyam, Mohabbat Ali, Kale Khan and Shah Mohammad were arrested and at their instance certain recoveries were made. At the instance of accused Radheyshyam a wooden stick, a motorcycle No.PB-10 M-4519, a cellular phone with a SIM, a blood stained pair of sandles and a blood stained pant were recovered. At the instance of Smt. Kamla a blood stained salwar was recovered. Recoveries of lathis were made at the instance of accused Kale Khan, Shah Mohammad and Mohabbat Ali. A police report as per provisions of Section 173 Cr.P.C. was submitted before the court of learned Additional Chief Judicial Magistrate, Hanumangarh, however, the case being session triable, was committed to the court of Sessions, Hanumangarh. Learned Additional Sessions Judge (Fast Track) No.3, Hanumangarh on 11.10.2010 framed a charge against the accused persons fro commission of offence punishable under Section 302/109 Indian Penal Code and on denial of the same trial commenced as desired.