INDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, Inder is aggrieved by judgment dated 29.9.2004 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar, whereby the learned Judge has convicted the appellant for offence under Section 302 IPC, but has acquitted him of offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. By an order of even date, the learned Judge has sentenced the appellant for offence under Section 302 IPC to life imprisonment, imposed a fine of Rs.1000/ - and directed to further undergo three months of simple imprisonment in default thereof.

(2.) BRIEF facts of the case are that on 30.12.2003, around 7:30 AM, Manju Bai (PW.7) orally lodged a FIR at Police Station Jhalrapatan, District Jhalawar. The FIR as registered, when translated into English, reads as under: -

(3.) ON the basis of this oral report, the police chalked out a formal FIR (Ex.P.23), namely FIR No.381/2003 for offence under Section 302 IPC. After completing the investigation, on 17.2.2004, the police filed a charge -sheet against the appellant before the Chief Judicial Magistrate, Jhalawar. Since the charge -sheet was submitted also for offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, the case was eventually transferred to the learned Judge. By order dated 6.4.2004, the learned Judge framed the charges against the appellant for offences under Section 302 IPC, and under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. In order to support its case, the prosecution examined twenty witnesses, and submitted twenty -five documents. However, the defence neither produced any witness, nor submitted any document. After completing the trial, the learned Judge convicted and acquitted the appellant as aforementioned. Hence this appeal before this court.