BOOTA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Boota Singh has challenged the judgment dtd. 9/11/2023 passed by learned Special Judge, SC/ST Act Cases, Hanumangarh in Sessions Case No.64/2020, whereby he was acquitted of the charge as framed under Sec. 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989, however, he was convicted with imprisonment for life for offence under Sec. 302 IPC with a fine of Rs.5000.00; in default of payment of fine, he was further ordered to undergo three months' simple imprisonment.

(2.) Brief facts of the case are that a written report was lodged by one Sandeep Kumar on 17/10/2020 with the SHO, Police Station Hanumangarh Railway Police (GRP), Hanumangarh (Exhibit-P/1) stating that the accused Boota Singh killed his father by hitting him with a glass bottle on his head and he tried to take Rs.700.00 from his pocket, when objected, the accused further hit him with an iron rod, on account of which, his father died on the spot. According to the complainant, PW-1, he was informed the above facts by an eye-witness, PW-2, who is his close friend, namely, Surya Prakash S/o Puran Singh. The contents of the written report are reproduced as under:

(3.) On the said written report, FIR bearing No.20/2020 was registered on 18/10/2020 at around 1:46 pm for offence under Sec. 302 IPC and under Ss. 3(2), 3(v) of the SC/ST (Prevention of Atrocities) Act, 1989. The police conducted investigation and arrested the accused. During investigation, statement of Surya Prakash, an eye-witness, were recorded under Sec. 164 Cr. P.C., on 25/11/2020. On the basis of statements of PW-1, PW-2 eye-witness Surya Prakash, recovery witnesses, namely, PW-5, PW-6, PW-7 and Investigating Officer PW-9, the learned trial court passed the impugned judgment dtd. 9/11/2023, by which the accused was punished as mentioned above.