RAMPRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS DB Cr. Appeal under Section 374 Cr.P.C., has been filed against the judgment dated 26.4.2005 passed by Additional Sessions Judge (Fast Track) No. 1, Jhalawar in Sessions Case No. 36/2005 whereby the present appellant has been convicted and sentenced as under: - Under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 1000/ -. In default of payment of fine to further undergo one year rigorous imprisonment.

(2.) THE short facts of the case as per the prosecution are that PW/11 Amilal has recorded the statement of Khajan Singh (Ex.P/7) on 21.1.2005 at 11.00 PM at Toliyakheri village. The witness has contended that his father's name is Ram Prasad. He is an agriculturist. His mother is Radha Bai. They are total three brothers. Elder brother name is Banney Singh aged 17 years, younger one is Mansore aged 15 years and he is Khajansingh, studying in Class -VI. His grand -father lives with his uncle Gopal and in the house three brothers, father and mother used to live. his father is habitual drunkard and he used to beat her mother regularly. Many times, his father had tied her mother with rope to hang her and he and their uncle used to save her. Today in the evening, elder brother Banney Singh went to factory at Patan, younger brother Mansore was at his uncle's house and he and her mother both were at home. At 9.00 PM his father came at home in drunken state. He started abusing them thereafter he and his mother went to sleep inside the house. His father was lying outside the house. Sometime after his father came inside the house and he started beating his mother on which he woke up from the sleep and started crying on which his father tied his hands and started beating his mother, poured kerosene oil on her and lit the fire with matchstick. The witness has further stated that he get himself untied and came outside the house, he cried but nobody was there. Thereafter he rushed to his uncle Gopal's house, narrated all facts to him, then his uncle and his brother Mansore again rushed to his house and found her mother burnt totally. His uncle and brother Mansore poured water on the mother. Villagers assembled there. His father has poured kerosene oil on mother and due to this his mother died. On this statement FIR No. 8/2005 (Ex.P/16) has been registered and after usual investigation, charge -sheet has been filed against the appellant for the offence under Sections 302 IPC. The case was committed and tried by Additional Sessions Judge (Fast Track) No. 1, Jhalawar.

(3.) THE charge has been framed against the appellant for the offences under Section 302 IPC which was denied by the accused person and he claimed to be tried. Prosecution has examined PW/1 Devilal, PW/2 Chain Singh, PW/3 Shambhu Dayal, PW/4 Gopal, PW/6 Mansaur, PW/6 Harlal, PW/7 Shyamlal, PW/8 Khajan Singh, PW/9 Balchand, PW/10 Banesingh, PW/11 Amilal, PW/12 Kalyan Prasad, PW/13 Jai Kishan, PW/14 Bal Mukand, PW/15 Shiv Prasad, PW/16 Devilal, PW/17 Ram Charan, PW/18 Hamendra Vyas, and PW/19 Dr. Gauri Shankar Chauhan and produced Ex. P/1 to P/23. Appellant has been examined under Section 313 Cr.P.C. and in defence, no oral evidence has been examined but documents Ex. D/1 to D/4 have been produced. After conclusion of trial, the present appellant has been convicted and sentenced as indicated above. Hence this appeal has been preferred.