CHHOTU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 Cr.P.C. has been filed against the judgment passed by Additional Sessions Judge (Fast Track), Chhabra in Sessions Case No. 89/2003 whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment and fine of Rs. 2,000/ - and in default of payment of fine, he has to further undergo two years R.I. The short facts of the case giving rise to this appeal are that a written report Ex. 2 was filed by Smt. Rajan Bai (PW/2) at Police Station, Chhipabarod Distt. Baran alleging therein that today at about 9 -9.30 PM, his husband came from market, at that time, appellant who is brother -in -law of Rajan Bai was abusing wife of Mohan for which his husband has denied him, thereafter his husband has taken his dinner and when he was staying outside the house, appellant again started abusing and on objection by husband Prem Chand appellant caught his neck, assaulted him and lifted a stone and hit him, her husband fell down unconscious, he was shifted to Government Hospital, Chhipabarod where Doctor has declared him dead. This incident has been seen by Mohanlal, Madanlal and Natibai etc. On this report FIR No. 117/99 (Ex. P/13) was registered under Section 302 IPC. After investigation charge sheet has been against the appellant.

(2.) THE learned trial Court framed charges against the appellant for the offence under Section 302. The prosecution has examined PW. 1 Kanhaiyalal, PW. 2 Rajan Bai, PW. 3 Chittarmal, PW. 4 Hemraj, PW. 5 Natibai, PW. 6 Mamta Bai, PW. 7 Mohanlal, PW. 8 Madanlal, PW. 9 Umashankar, PW. 10 Omprakash, PW. 11 Tejmal, PW. 12 Dr. Gangadhar Mittal, PW. 13 Shyamlal and PW. 14 Madanpal Singh to support his case and also relied on 14 documents. Statements of accused appellant have been recorded under Section 313 Cr.P.C. After conclusion of trial, the present appellant has been convicted and sentenced, as referred above, hence this appeal.

(3.) THE only contention of the present appellant is that according to the prosecution evidence the appellant was abusing his real brother, there was no motive for the appellant to murder the deceased, admittedly there was no enmity between the parties, the incident has taken place in the spur of moment when some altercation has taken place between the parties, there was no quarrel earlier and appellant has attacked only once which resulted in death, hence offence would come under Exception 4 to Section 300 IPC and the appellant be convicted for the offence under Section 304 Part -I and his sentence be reduced to the period already undergone.