GANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment of the learned Sessions Judge, Pratapgarh, Camp Chittorgarh dated 21.3.2002 convicting the appellant for the offence under Sec. 302 Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 500.00, in default of payment of fine to further undergo one month's rigorous imprisonment.

(2.) Briefly stated the facts of the case are that PW-1 Kuka, resident of Village Harisinghji Ka Kheda, lodged an oral F.I.R. Exhibit P-1 on 3.7.2001 at 3.45 P.M. at Police Station Badi Sadri stating inter alia that on 22.7.2001 in the evening, the appellant Ganga Ram called his son PW-4 Nathu and detained in his house. At about 9.00 P.M., he went to his house and got Nathu released. On 3.7.2001 in the morning at 8.00 A.M., while his wife PW-5 Mst. Jamni was on her way, the accused-appellant-Ganga Ram and Moti attacked on her. Moti gave a lathi blow on her face. Her outcries attracted her deceased son Chokha on the spot. On intervention, the appellant-Ganga Ram gave a single blow on the head of Chokha, on account of which, he fell down. FW-3 Narayan, PW-6 Gamera and PW-7 Narayan also reached on the spot. On this information, police registered case for offence under Sections 302, 341, 342 and 323/34, Indian Penal Code. and proceeded with the investigation. After usual investigation, police laid charge-sheet against appellant-Ganga Ram and Moti for the aforesaid offences.

(3.) The appellant pleaded not guilty and claimed trial. The prosecution in support of its case, examined twelve witnesses and produced certain documents. The appellants-Ganga Ram and Mott in their statement under Sec. 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. The defence examined DW-l Shanti and DW-2 Megha. The trial Court found the prosecution case proved and, as such, convicted and sentenced the appellant in the manner indicated above. The other accused Moti has been acquitted for offence under Sec. 302/34, Indian Penal Code. However, he has been convicted for offence under Sec. 323 Indian Penal Code. for causing injury on the face of Smt. Jamna.