PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal appeal has been filed by the accused appellant Prakash S/o Lalu Katara under Section 374(2) of the Cr.P.C. against the judgment dated 29.11.2008 passed by Addl. Sessions Judge (Fast Track), Dungarpur in Sessions Case No.43/2008 (42/2008) whereby the learned trial court convicted the accused appellant and passed the following sentence : Under Section 302 I.P.C.: Life Imprisonment with fine of Rs.1,000/ - and in default of payment of fine to further underto three months SI. Under Section 449 I.P.C.: Ten Years R.I. With fine of Rs.1,000/ - and in default of payment of fine to further undergo three months SI. Both the above sentences were ordered to be run concurrently.

(2.) BRIEF facts of the case are that on 31.3.2008, the complainant (PW -2) Savji gave an oral report in the police Station Chitri District Dungarpur to the effect that at about 6.00 p.m., in the evening, when he was in the way to his home, received the information that his son Vishram has been killed by accused appellant Prakash and upon reaching home, his wife told that due to injury hit of leg by the accused Prakash, his two and half months old son died. Upon the aforesaid complaint, an FIR Ex.P/1 was registered against accused appellant Prakash by the SHO PS Chitari, District Dungarpur on 01.04.2008 at about 12.00 a.m. and investigation was commenced and on the basis of the allegations levelled against the accused appellant, he was arrested vide Ex.P.7 and body of deceased Vishram was taken to the hospital on 1.4.2008 itself for post -mortem and after post mortem, the post mortem report Ex.P.8 was prepared and body was handed over to the complainant and later on after completion of investigation, challan was filed against the accused appellant for the offence of murder under Sections 302 and 449 I.P.C.

(3.) THE investigating officer filed the charge -sheet against the accused appellant for offence under Sections 302 and 449 of I.P.C. in the court of Addl. Chief Judicial Magistrate, Saagwada District Dungapur from where the case was committed for trial to the Court of District and Sessions Judge, Dungarpur but later on transferred to the Court of Addl. District and Sessions Judge (Fast Track), Dungarpur. The trial Court after framing charge for the offence under Sections 302 and 449 of I.P.C., commenced the trial. To prove the prosecution case, statement of nine prosecution witnesses were recorded including PW -1 Rassi, PW -2 Savji, PW -3 Ishwar, PW -4 Manna, PW -5 Shankar Lal, PW -6 Varsang, PW -7 Devji, PW -8 Dr. Mahendra Singh Jakhad, PW -9 Sawai Singh by the trial Court and after recording the oral evidence of prosecution witnesses, the statement of the accused appellant were recorded under Section 313 Cr.P.C. in which accused appellant stated that I am innocent and falsely implicated in this case by the complainant party.