WALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment impugned is dated 21.7.2005 passed by learned Additional Sessions Judge, Banswara in Sessions Case No. 18/2004 convicting accused appellant Walu son of Mariji Aadiwasi for an offence punishable under Sec. 302 Indian Penal Code and awarding sentence for life term imprisonment with a fine of Rs. 5,000.00 and further to undergo two months imprisonment in event of default in payment of fine.

(2.) The factual matrix necessary to be noticed is that on 7.2.2004 a written report (Ex.P-1) was submitted by Babaria son of Walu to the Station House Officer of Police Station Kushalgarh with assertion that he left for his in-laws house at Mahudi on 5.2.2004 leaving behind his father Walu (accused), his mother Hudi and wife Sabina at home. On 7,2.2004 at about 8:00 AM Kalu son of Nathu Damore came to call him at his in-laws house and on reaching at home he found that his mother was lying dead on a cot with an injury on her forehead and left eye. His father was also having a minor injury on his forehead. On asking, his father kept mum and nothing was disclosed by him about the incident. However, his wife Smt. Sabina conveyed that in night at about 8:00 PM her mother-in-law left out to sleep in Court yard on a cot. Her father-in-law Walu was sleeping on an another nearby cot. In morning, on coming out she found her father-in-law injured and on asking he stated that her mother-in-law has received serious injury, therefore, first her care is required to be taken. Babaria also on arriving at the spot asked his father about the incident, but he kept mum. Babaria apprehended that his father would have killed his mother Hudi for the reason that she was objecting his illicit relations with Savli. As per Babaria, few days prior to the incident her father was beaten by his mother and on being annoyed with that his father stated that he will kill her as lie is already having an another lady to provide him food.

(3.) On basis of the information given, a case was lodged for making investigation pertaining to an offence punishable under Sec. 302 Indian Penal Code. During the course of investigation accused Walu was arrested and at his instance a blood stained axe was recovered. The investigating agency after completing the investigation filed a report before the Court of learned Additional Chief Judicial Magistrate, Kushalgarh who after taking cognizance, registered the case and committed the same to the Court of Sessions.