RAJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this jail appeal filed by the appellant Rajmal S/o Ram Chandra Jain, the accused appellant is challenging the judgment dated 4.10.2006 passed by the Addl. District & Sessions Judge (Fast Track) No.1, Udaipur passed in Sessions Case No.21/2006 whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC and imposed punishment of life imprisonment alongwith a fine of Rs.5,000/ - and in default of payment of fine to further undergo one year RI.

(2.) AS per the facts of the case an FIR (Ex.P/1) was registered at Police Station, Pratapnagar, District Udaipur upon complaint filed by PW -1 Kailash Jain on 26.12.2005 at 4.45 p.m., in which an allegation was leveled by the complainant PW -1 Kailash Chandra that his elder father Ram Chandra is having 3 sons. Out of 3 elder son Lalit Lal and Mahaveer both are doing their business in Bombay and 3rd son Rajmal is living with parents in their house at village Lakadwas. It is alleged in the written complaint that today in the evening at about 4'O clock when he was at his shop, his sister -in -law (Bhabhi) Smt. Pushpa came there and informed that Rajmal and his mother Smt. Movni Bai were inside their house and voice of quarrel is coming out from the house. Upon aforesaid information, complainant Kailash Jain immediately rushed to the house of his elder father Ram Chandra where he saw that house was locked from inside and so many other persons were also standing outside and Movni Devi was crying in the house.

(3.) UPON hearing the cry of deceased Movni Devi, Heera Lal, Jeevan, Ramesh etc standing outside the house broke the door of the house and saw that Rajmal was inflicting injuries by weight (Bat) upon the body of his mother Movni Bai and upon intervention they saw that there were serious injuries upon the head of Movni Bai, therefore, immediately they took Movni Bai to the hospital in tempo where doctor declared that she is died, therefore, her dead body of Movni Bai is lying in the mortuary of the hospital.