CHAINA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Cr. Jail appeal has been filed by the accused appellant Chaina Ram against the judgment dated 21.1.2006 passed by the Addl. Sessions Judge (Fast Track), Rajsamand in Sessions Case No. 29/2005 whereby the learned trial court convicted the accused appellant for committing offence under Section 302, IPC and passed sentence for life imprisonment with fine of Rs.1000/- and in default of payment of fine to further undergo 3 months imprisonment.

(2.) As per the brief facts of the case, a written report (Ex.P/6) was filed by the wife Smt. Gomali wd/o late deceased Lalu Gameti, resident of Kalthawa, District Bhilwara, in which it was reported that in the night of 18.6.2005 at about 10-11 p.m. her husband Lalu went outside the house for sleeping on Chokala and his son was also sleeping with him in the night upon hearing cry of deceased Lalu Ram his son Noja wake up and upon hearing noise, the complainant come out from the house and saw that her husband Lalu was lying on the floor and there were injuries upon his head and other parts of the body and his both legs were cut down by unknown person. The SHO, Police Station, Kelwada registered the FIR No. 80/2005 and commenced the investigation and prepared the Panchnama upon the site. Upon search the Investigating Officer found one incised wound upon the forehead of the deceased and another incised wound was upon right side of the eyes and due to that injury the eyes of the deceased come out and other injuries were found upon the face of the deceased and both the legs were cut down. After the investigation, the accused Chaina Ram was arrested on the basis of the statement of Noja s/o deceased that at about 11.30 in the night he saw that his uncle inflicted injury by axe (Kulhari) and at that time, his uncle was wearing black shirt and after inflicting injuries, went back side of his house because house of his uncle is situated near the house of deceased. The Investigating Officer after thorough investigation recovered the blood stained axe and arrested 3 accused persons namely Chaina Ram (present appellant), Roopa Ram s/o Khuma Ji and Moda s/o Kesa, resident of Kalthana, District Bhilwara and after completion of investigation, filed challan in the court of Judicial Magistrate, First Class, Khumbhalgarh from where the case was committed for trial to the District Judge, Rajsamand, but ultimately, the case was transferred to the Court of Addl. Sessions Judge (Fast Track), Rajsamand where trial took place.

(3.) In the trial, after framing charge under Sections 302 and 302/34, IPC, the learned trial court commenced the trial and recorded statement of 15 prosecution witnesses. Thereafter, the statements of all the accused persons were recorded under Section 313, Cr.P.C. and upon denial, granted an opportunity to the accused persons to lead their evidence in defence, but no oral evidence was produced by the accused persons.