MAHAVIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was the accused on the file of learned Additional Sessions Judge, Jhunjhunu bearing Sessions Case No. 90/96 (133/96 ). Learned Judge vide judgment dated March 22, 1997 convicted and sentenced the appellant Under section 302 IPC to undergo Imprisonment for life and fine of Rs. 2500/-, in default to further suffer Simple Imprisonment for six months.

(2.) IT is the prosecution case that on October 30, 1995 Ganpat Ram (now deceased) had gone to his field along with the appellant. Banarsi Devi, wife of Ganpat Ram, also joined them after some time with lunch box. Around 11-12 noon after the appellant ate his lunch, Ganpat Ram directed him to thresh Bazra while Banarsi Devi was asked to perform another agriculture work, for which Banarsi Devi had to go at a distance. On her return Banarsi Devi saw the appellant inflicting blows with Gandasi on the person of Ganpat Ram who died at the spot. She made hue and cry and in the meanwhile appellant fled away. Banarsi Devi narrated the incident to Mahaveer Singh who lodged the report with the police Station Mandawa. A case under section 302 IPC was registered and investigation commenced. On completion of investigation the charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge, Jhunjhunu. Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as may as 18 witnesses and got exhibited 32 documents. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the appellant as indicated herein above.

(3.) WE find the presence of Banarsi Devi at the time of incident highly natural. After her husband left for the field very early she had gone to the field for the purpose of providing food to her husband. There is nothing unusual for a wife to go to the field with the food for her husband.