KAJOD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant (hereinafter described as 'accused') was placed on trial before the learned Additional Sessions Judge, Chhabra in Sessions Case No.90/1997. Learned Judge vide judgment dated Aug. 10, 1999 convicted and sentenced the accused for the offence under Sec. 302 Penal Code to suffer Imprisonment for life and fine of <del>&#2352</del> 1000.00, in default to further suffer Rigorous Imprisonment for Six Months.

(2.) As per prosecution story, Police Station Atru (Distt. Baran) registered a case under section 302 Penal Code on the basis of written report submitted by Informant Mohan on April, 20, 1997 at 8.15 AM. It was inter alia stated in the report that in the preceding night while informant and his family members were sleeping the accused and Bhura Lal, under intoxication, were hurling abuses at them. After some time Ramchandra (now deceased) came to the house from the field and asked the accused as to why he was hurling abuses. The accused then inflicted knife blows on the person of Ramchandra and fled away. Ramchandra became unconscious and was taken to the hospital, where he was declared dead. In the course of investigation, the Investigating Officer recorded the statements of witnesses, got performed the autopsy on the dead body of the deceased, drew necessary memos, arrested the accused and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge, Chhabra District Baran. Charge under Sec. 302 Penal Code was framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec.313 Crimial P.C., the accused claimed innocence and one witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated hereinabove.

(3.) It is contended on behalf of the accused that the incident occurred in the late hours of night and the alleged eye witnesses were not present at the scene of occurrence. Even as per the testimony of witnesses deceased had consumed liquor and gave provocation to the accused by making attempt to molest Indra (Dw.1), the wife of the accused in such a situation the accused could not be held guilty under Sec. 302 IPC.