VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT jail appeal has been filed by the accused appellant Vijay Singh S/o Dau Singh Rawat from Central Jail, Udaipur against the judgment dated 30.08.2006 passed by Additional District and Sessions Judge (FT), Rajsamand in Criminal Case No. 23/2006 whereby, the learned trial court convicted the accused appellant Vijay Singh S/o Dau Singh under Section 302 IPC and passed sentence of life imprisonment alongwith fine of Rs.1000/ -, in default of payment of fine to further undergo six months imprisonment, for offence under Section 201 IPC, the accused appellant was convicted with sentence of seven years rigorous imprisonment alongwith Rs.500/ - fine and in default of payment of fine, to further undergo three months simple imprisonment and for offence under Section 203 IPC, the accused appellant was convicted and sentenced to two years rigorous imprisonment alongwith Rs.200/ - fine and in default of payment of fine, to further undergo one month simple imprisonment.

(2.) THE trial took place against two persons namely Vijay Singh S/o Dau Singh and Smt. Kunku Devi wife of Vijay Singh but trial court acquitted Smt. Kunku Devi from the chages leveled against her but convicted the accused appellant for aforesaid offences.

(3.) AS per brief facts of the case, the FIR Ex.P/42 was submitted by the accused appellant himself on 01.03.2006 in which it was stated by him that his disabled son Dalpat @ dalip singh was working at Ahmedabad and in last Deewali festival, he came back to the house and went back after living there for ten days, further, it is mentioned that on 27.02.2006 his son came back and living with him and today when he was coming back to the house after attending the funeral of villager Ram Singh, at that time, in the way at Akali Kankar one Roshan Singh S/o Kesar Singh Rawal informed that your son is lying upon stones in unconscious condition. Upon that information, the appellant immediately rushed to the place where his son Dalpat @ Dalip Singh was lying and his wife Kunku Devi, daughter in law Indra and some other persons were standing there near the body, knife, one empty bottle of poison and other material were also lying nearby.