BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal jail appeal has been filed by the life convict Bhagirath S/o Babu Lal Mali from Central Jail, Jodhpur against the judgment dated 24.5.2006 passed in Sessions Case No.156/2005 whereby the learned Addl. Sessions Judge (Fast Track) No.1, Jodhpur convicted the accused appellant for offence under Section 302 IPC and passed sentence of life imprisonment and fine of Rs.5,000/ -against him.

(2.) AS per brief facts of the case, the complainant Hasti Mal PW -3 brother of the deceased appellant filed written report (Ex.P/1) to the SHO, Police Station, Pipad City on 21.7.2005 alleging therein that in their family they are three brothers and name of his elder brother is Gordhan Ram and accused Bhagirath is his younger brother. All the brothers are residing separately but mother Smt. Kankai PW -1 is residing with younger brother Bhagirath. The accused Bhagirath is having one son and two daughters, out of which, his elder daughter is residing with the maternalgrand -father one son and one daughter deceased Parma aged about 5 years are residing with him. In the written report it is specifically stated by the complainant that yesterday night his brother when accused Bhagirath and his wife Kamla and mother were sleeping in the open place (Chowk) outside the house alongwith two children. The mental condition of Bhagirath is not good, therefore, he is taking treatment in the Mental Hospital, Jodhpur. It is stated in the complaint that previous night in between 1 to 2 a.m. Bhagirath took her daughter Parma, aged 5 years inside the room and after closing the room, inflicted injuries by Hammer and cut down the hand, leg and head of his daughter Parma and after hearing her noise, his wife and mother wake up and saw that Bhagirath and Parma are not present, thereafter, they knocked the door of room because they heard noise of crying of Parma, but accused did not open the door, therefore, they called elder brother Goverdhan Ram and all of them made efforts to get open the door. After opening the door by the accused, it is found that Bhagirath cut down hand, leg and head of his daughter Parma and one blood sustained Jhadbad and Hammer were lying inside the room. Upon aforesaid complaint, police came on spot and commenced investigation.

(3.) THE SHO, Police Station, Pipad City registered an FIR No.191/2005 against accused appellant Bhagirath and after arresting him made thorough investigation and filed chargesheet under Section 302 IPC against the accused appellant. The said court committed the case to the Sessions Court, Jodhpur for trial, but later on, the case was transferred by the Sessions Judge to the Court of Addl. Sessions Judge (Fast Track) No.1, Jodhpur for trial.