RAM DAYAL ALIAS DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was placed on trial before the learned Additional Sessions Judge (Fast Track) No. 2 Baran (Head Quarter Chhabra) District Baran in Sessions Case No. 118/2003 Learned Judge vide judgment dated October 22, 2003 convicted the appellant Ram Dayal @ Dayal under section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment.

(2.) IN nutshell the prosecution story is that on receiving the information through a postman when the informant Manju Bai (Pw. 1) reached at the place of incident she saw her husband Prabhu Lal (since deceased) lying in an injured condition. Prabhu Lal allegedly told the informant that he was given beating with stick by Dayal (appellant ). Manju Bai submitted a written report at Police Station Atru on September 13, 2002 on the basis of which a case under sections 341, 323 and 307 IPC was registered and investigation commenced. After the death of Prabhu Lal the case was converted into one under section 302 IPC. On completion of investigation charge sheet was filed. IN due course the case came up for trial before the Learned Additional Sessions Judge (Fast Track) No. 2 Baran (Head Quarter Chhabra) District Baran. Charge under section 302 IPC was framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. IN the explanation under section 313 Cr. P. C. , the accused claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) MANOJ (PW. 2) in his deposition stated that on receiving information that his father was given beating he immediately rushed to the spot on cycle and found his father lying near the well of Srilal Mali. His father was conscious and stated that he was given beating by Ram Dayal. This witness identified Ram Dayal in the court. He further stated that their relations with Ram Dayal were inimical. Several reports were lodged against Ram Dayal by them. For some time he had gone the well of Maliyan for some water, when he came back his mother Manju Bai reached there. His mother then arranged for a jeep and his father was taken in the jeep. In his cross examination MANOJ Stated that a newspaper hocker informed him about the incident. He denied the suggestion that Advocate Chillu to lodge the report.