RAMESHWAR @ GHODLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAMESHWAR @ Ghodla has instituted the present criminal appeal through jail to assail the judgment dated 3rd August, 2005 rendered by Additional District and Sessions Judge (Fast Track), No.1, Jaipur whereby the appellant was guilty of offence under Section 302 IPC and by a separate order of even date, was sentenced to undergo life imprisonment and pay a fine of Rs.500/ -, in default thereof, to further undergo two months rigorous imprisonment.

(2.) CRIMINAL proceedings were set into motion on the statement made by Banwari Lal (P.W.1) before SHO, Police Station, Sanganer Sadar, Jaipur City (South). Banwari Lal (P.W.1) in his statement stated that on 19th June, 2004, he returned to his house at 8.00 P.M. and after taking his dinner had retired to his bad. At that time, his father was taking meals. At about 10.00 P.M., he heard the noise of his brother opening the door, and heard voice of his brother that father has been killed. The witness ran towards the spot and saw that his father who was sleeping outside the house, on his cot, was given beating by Rameshwar @ Ghodla with a lath. Sitaram, brother of Rameshwar @ Ghodla had intervened. Sitaram informed the complainant that when he was going to sleep, then he heard noise of causing injuries with a lath. He came and saw that Rameshwar @ Ghodla was beating, Sri Krishan his uncle who was lying on the cot. When Sitaram stepped forward to save his uncle, Rameshwar @ Ghodla also injured him on his hands with a lath. The complainant stated that his father received injuries and due to the same, the blood was coming out and his father was unable to speak. They brought their father to the hospital in an unconscious condition. His father was referred to SMS Hospital. He was admitted in the hospital. But during treatment in the morning, his father expired. The witness stated that on the day, some verbal altercation had taken place between his father and Rameshwar @ Ghodla; due to this grudge, since morning Rameshwar was roaming around carrying a lath in his hands.

(3.) ON the basis of statement (Ex.P/1) of Bamwari Lal (P.W.1), formal FIR (Ex.P/13) was registered. The investigating agency concluded appellant to be one, who caused the offence of murder and submitted a charge -sheet against him. Both accused and charge -sheet was committed to the Court of Sessions and the trial was entrusted to the Court of Additional Sessions Judge (Fast Track), No.1, Jaipur District, Jaipur. The appellant was charged for offence under Section 302 IPC. He pleaded not guilty and claimed trial.