PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant and three others faced trial in Sessions Case No. 5, 1999 before the learned Additional Sessions Judge Bayana District Bharatpur who vide judgment dated August 28, 2000 acquitted three other co-accused but convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment of life and fine of Rs. 500/-, in default to further suffer one month rigorous imprisonment.

(2.) THE prosecution story is woven like this: On November 4, 1998 around 12. 30 PM Sarpanch of Gram Panchayat Samogar went to Police Station Bayana and informed Diwan Singh ASI (PW. 12) that Natthi (since deceased) was lying in an injured condition. Diwan Singh then rushed to the Hospital Bayana and found Natthi admitted in Medical Ward. Diwan Singh noted down Parcha Bayan of Natthi (Ex. P. 14) in the presence of Dr. Ravi Gupta. In the Parcha Bayan Natthi stated that on November 3, 1998 at about 6 PM while he was sitting out side of his house on a Chabutra suddenly Prahlad and his brother told him (Natthi) that his son falsely implicated them in a woman abducting case. Buddhi and Mangi exhorted to inflict lathi blow. Hareti and Ramji Lal intervened but he was given continuous beating. On the basis of Parcha Bayan of Natthi a case under Sections 341, 323 and 34 IPC was registered and investigation commenced. Natthi died on November 6, 1998 and case was converted into one under Section 302 IPC. After usual investigation charge sheet was filed and in due course the case came up for trial before the Learned Additional Sessions Judge Bayana District Bharatpur Charge under Section 302/34 IPC was framed against the appellant and three other co- accused persons, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 16 witnesses. In the statement under Section 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. Learned Additional Sessions Judge on hearing final submission convicted and sentenced the appellant as indicated herein above.