KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant cr. appeal has been filed by the appellant Kalu under Section 374(2) Cr.P.C. against the judgment dated 6.2.2009 passed by the Addl. Sessions Judge (Fast Track), Banswara in Sessions Case No. 41/2008 by which the accused appellant was convicted for offence under Section 302 and 449 of the IPC and following sentence was imposed against him:

(2.) BRIEF facts of the case are that on 2.6.2008 the complainant PW - -1 Vagji gave oral information at Police Station, Kotwali Banswara that on 1.6.2008 when he was in his house, his brother kalu D/o Devji went to the house of his sister at Ankelshwar, on that day, his mother Smt. Sonki was alone in the house. In the night at about 1.00 am upon hearing noise of crying of his mother immediately went on spot alongwith his wife in the house of his mother and saw that accused Kalu S/o. Hukia, resident of Aala Prithigarh was beating his mother by Lathi and knife and inflicted number of injuries upon the body of his mother Smt. Sonki. At the time of incident when complainant and his wife raised their voices, there neighbor Ramesh came and upon intervention, the accused Kalu made attack upon them also and said, gate out from here otherwise I will kill all of you also. The accused was asking that Smt. Sonki, mother of the accused is "Dakan" and she has eat his wife, therefore, she became ill and today he will kill Smt. Sonki and while saying above words, continuously give beating to his mother Smt. Sonki. The entire incident was seen by PW - -1 Vagji and his wife PW - -7 Ganga and Ramesh. After beating severely the accused appellant ran away from the place of occurrence. When accused appellant left the place of occurrence, they immediately rushed his mother and his mother informed that when she was sleeping the appellant Kalu entered in the house after pushing the door and said Sonki Dakan you have eaten my wife, therefore, today, I will kill you and gave beating by Lathi and knife.

(3.) UPON aforesaid verbal information given by the complainant PW - -1 Vagji FIR bearing No. 264/2009 was registered under Section 302 IPC against the appellant Kalu and investigation was commenced by Umaid Singh Solanki, Sub -Inspector of the Police Station, Kotwali, Banswara.