GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole appellant Gordhan for intentionally causing death of Promod and causing injuries to PW2 Vinod and Panna Lal PW5, has since been convicted under section 302 Penal Code and sentenced to undergo Rigorous Imprisonment for Life as also to pay a fine of Rs. 10,000.00 and in default of payment of fine to further undergo six months simple imprisonment. He has also been held guilty under Sec. 307 Penal Code and sentenced to undergo Rigorous Imprisonment for 7 years, as also to pay a fine of Rs. 5,000.00 and in default of payment of fine to further undergo three months Simple Imprisonment, under section 326 Penal Code sentenced to undergo Rigorous Imprisonment for five years and also to pay a fine of Rs. 3,000.00 and in default of payment of fine to further undergo one month Simple Imprisonment, under section 324 Penal Code sentenced to undergo Rigorous Imprisonment for two years and also to pay a fine of Rs. 1,000.00 and in default of payment of fine to further undergo 15 days Simple Imprisonment, under Sec. 459 Penal Code sentenced to undergo Rigorous Imprisonment for 5 years and also to pay a fine of Rs. 3,000.00 and in default of payment of fine to further one month Simple Imprisonment. He was convicted and sentenced in the manner as mentioned above by order dated 22.6.2002 passed by learned Additional Sessions Judge, Fast Track No. 2, Jhalawar.

(2.) The occurrence leading to death of Promod and injuries to Vinod and Pannalal, as per prosecution version had taken place on 24.9.1999 at 9.30 PM. FIR with regard to the incident came to be lodged by Ganpat Lal PW1, father of deceased Promod on the same date at 10.00 RM. within half an hour from the time of occurrence. He made written report Ex. P1 on the basis of which formal FIR Ex.P33 was recorded by Hardayal Swami, ASI PW15.

(3.) While unfolding the prosecution version Ganpat Lal stated that his son Promod and Chandu s/o Gordhan and other boys of the locality had gone to play cricket in the morning. His son Promod after playing cricket came to the house from Dinti Ji temple. In as much as, Chandu S/o Gordhan did not come. Gordhan in search of his son came to his house and enquired from his son Promod as to where was his son. His son replied that he might have gone alongwith his friend. On this Gordhan said that if his son would not come home then he would kill him. His son ran into the house. After half an hour at about 9.00 PM Gordhan came and opened the door by kicking. He entered in the house. Immediately on his coming they ail stood up. Gordhan by stating to his son that he will kill him, gave a knife blow on the left side Chest of Promod. His elder brother Vinod tried to rescue him upon which he gave 3-4 knife blows on the neck, stomach and hands. In the meanwhile, from the nearby house father in law of his son Panna Lal came and tried to rescue but Gordhan gave him a knife blow. At that time Om Prakash Gujar and Nawal belonging to the locality had also come there and had seen the occurrence. Gordhan after giving beatings ran towards the market. He alongwith people of locality brought his sons Promod and Vinod and also Pannalal to the Hospital. The doctor said that his son had died. Vinod & Pannalal, however, were admitted in the hospital for treatment. Gordhan after forcibly entering into his house had given beating to his son by knife, because of which his son Promod had died.