MEGARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. appeal has been filed by the accused appellant Mega Ram @ Meka Ram under Section 374(2) Cr.P.C. against the judgment dated 10.10.2006 passed by the Addl. Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.90/2006 whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed sentence for life imprisonment with fine of Rs.5,000/- and in default of payment of fine to further undergo 2 years SI.

(2.) As per the facts of the case an FIR No.87/2006 was registered at Police Station, Osiyan, District Jodhpur upon complaint made by PW-2 Barsinga Ram on 25.6.2006 in which the complainant gave written report Ex.P/14 at Police Station Dechu that today at about 2.30 p.m. his nephew Ghewar Ram S/o Naringa Ram, resident of Haniya Wala was going to his house from village Khindakaur and when he reached in front of house of the accused-appellant, the accused-appellant came out from the house with knife and inflicted a knife blow on stomach of Ghewar Ram on which Ghewar Ram fell down and upon hue and cry, Sahi Ram Bishnoi and Harlal Bishnoi came there and they saw the accused-appellant run away from the spot after inflicting the knife blow in the stomach of Ghewar Ram. The complainant and other persons took Ghewar Ram to the Osiyan Hospital in vehicle but Ghewar Ram died before reaching the hospital. The SHO, Police Station, Osiyan, District Jodhpur registered the case under Section 302 IPC and after completing the investigation, filed challan in the court of Judicial Magistrate, Osiyan, District Jodhpur from where the case was committed to the Sessions Court, Jodhpur from where the case was transferred to the court of Addl. Sessions Judge (Fast Track) No.1, Jodhpur.

(3.) During trial, in all statements of 11 prosecution witnesses were recorded and some documents were exhibited. Thereafter, the statement of the accused appellant under Section 313 Cr.P.C. were recorded. In the statement recorded under Section 313 Cr.P.C., the accused appellant stated that the door of his house was not opened, therefore, it is not possible to see on road but on the date of incident when he heard noise, he came out from the house and heard that Harlal murdered Ghewar Ram and run away from the sight but police has wrongly implicated him in the case in spite of the fact that there was no enmity in between him and the deceased Ghewar Ram.