GAMNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this criminal appeal, the accusedappellant- Gamna, has challenged the judgment and order dated 11.9.2012 passed by the learned Sessions Judge, Bhilwara (for short 'the trial Court') in Sessions Case No. 38/2010, whereby the trial court has held the accused-appellant guilty for the offences under Sections 304 Part II and Section 323 IPC and sentenced him to undergo 10 years' rigorous imprisonment with fine of Rs. 5000/-, in default of payment of fine, to further undergo six months' imprisonment under Section 304-II IPC and, one year's simple imprisonment with a fine of Rs. 1000/-, in default of the payment of fine, to further undergo one month's imprisonment for the offence under Section 323 IPC.

(2.) The brief facts of the case as derived from the charge sheet filed by the prosecution after investigation are that on 25.10.2009, a written report was submitted by the complainant Raju at Police Station-Kachhola to the effect that the accusedappellant is the husband of deceased Bhagwani and her marriage with the accused-appellant was solemnized three years ago. Before Deepawali, the accused-appellant came to take Bhagwani with him, however, it was stated to be sent after Deepawali. On the date of occurrence, the complainant along his wife, daughter Bhagwani and son were sleeping in the field.

(3.) At about 10.00 P.M, in the night, the accused Gamna came there and gave a lathi blow to the complainant which hit on his face resulting in his awakening. The accused, by dragging complainant's daughter, attempted to take her away with him and upon her residence, the accused assaulted his daughter by lathi, thereby she sustained injuries on her head and blood started coming out of her mouth and she died instantaneously on the spot. The accused-appellant thereafter took her from the side of Tapri and left her dead under a Berries tree and ran away. The accused was also accompanied by Narayan S/o Parthu Kahar who was also involved in the assault. Upon such report, the first information report, bearing FIR No. 74/2009, was registered for the offences under Sections 302 and 323/34 IPC and the investigation ensued.