RAM KALYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Ramkalyan faced trial u/s. 302 Penal Code for intentionally causing death of Rameshwar. The trial resulted in finding him guilty for offence u/s. 302 Penal Code and he has been sentenced to undergo Rl for life as also to pay a fine of Rs. 30,000.00 and in default of payment of fine, to further undergo SI for one year. He has also been found guilty u/s. 447 Penal Code and sentenced to undergo three months' SI and fine of Rs. 500.00, in default of payment of fine to further undergo SI for fifteen days. The judgment has been passed on 16.9.2000 by the learned Additional Sessions Judge, Dausa.

(2.) Occurrence leading to death of Rameshwar, as per prosecution case, took place in the midnight of 27th and 28th April, 1999. FIR with regard to the incident was lodged on the same night at 1.45 a.m. by Nathi widow of the deceased in whose presence her husband Rameshwar was done to death. FIR has since been proved as Ex.D.1 on the records of the case.

(3.) While unfolding the prosecution case, Nathi stated in the FIR lodged by her that she was resident of Village Kableshwar. Their fields and the Well were located near the school in Kableshwar. They had made temporary hutment (Kaccha house) in their fields and were residing in the same. On 28.4.1999, she was sleeping near the well in the fields whereas her husband Rameshwar was sleeping outside the house. At about 11 -12 at night, appellant Ramkalyan son of Bheru Lai came near to her cot upon which she asked him as to who was he. He replied by giving his name as Ramkalyan. She asked him as to why he had come at night. In the meanwhile, she called her husband Rameshwar who came running there. There was a fight between appellant Ramkalyan and her husband. The appellant gave knife blow on the chest of her husband which caused injury to him. His vest was soaked in blood. Her husband became unconscious and Ram Kalyan run towards the fields. When she cried for help, villagers came running there. After sometime, her husband died because of the injury sustained by him. She further stated that there was no enmity between them and the appellant. She also stated that Ramkalyan had left his one shoe at the spot which was of black colour.