GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal jail appeal has been filed by the accused appellant Gautam S/o Ganga Ram Meena against the judgment dated 17.8.2010 passed by the Addl. Sessions Judge (Women Atrocities Cases), Bhilwara (hereinafter referred to as the learned trial court for short) in Case No. 53/2006 whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC but acquitted him for offence under Section 363, 366 and 376 IPC while giving benefit of doubt. The learned trial court imposed punishment for offence under Section 302 IPC for life imprisonment alongwith fine of Rs. 2000/ - and in default of payment of fine to further undergo six months simple imprisonment. The learned trial court further passed an order that the period commencing from the date of arrest which is 7.5.2006 to 16.5.2006 and the period of judicial custody shall not be counted in the period of punishment.

(2.) AS per the facts of the case, a written complaint (Ex. P/3) was submitted by PW -4 Mahaveer Prasad Sen before the SHO, Police Station Jahajpur, District Bhilwara in the Devli Hospital that his sister Ms. Indira aged about 13 years was forcibly kidnapped by Gautam Meena accused appellant and she is not traceable. It is further stated that Raja Ram brother of Gautam Meena came to his house on 16.1.2006 in the evening and informed that his brother Gautam Meena and your daughter Indira are in their house. Upon said information, his father Chauthmal and sister rushed to the house of Raja Ram and upon calling Gautam Meena to open the door, he come out and hit his father Chauthmal and inflicted injury by knife upon the chest of his father Chauthmal.

(3.) UPON aforesaid information the FIR No. 21/2006 was registered against the accused appellant for offence under Section 363, 366 and 302 IPC because due to injuries inflicted by the accused appellant, the father of the complainant Chauth Mal died.