STATE OF RAJASTHAN Vs. GSCO INFRASTRUCTURE PVT. LTD.

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant against the judgment dtd. 11/6/2002 passed by learned Sessions Judge, Dungarpur, in Sessions Case No.44/2001 by which the learned Trial Court convicted the appellant for offence under Sec. 302 IPC and sentenced him for life imprisonment along with a fine of Rs.1,000.00 and in default of payment of fine to further undergo six months RI.

(2.) Brief facts necessary to be noted for deciding the controversy are that 24/4/2001, complainant- Ratni provided an oral information at Police Station- Dungarpur to the effect that an altercation had occurred between her mother-in-law, Phulki, and her brother-in-law (Jeth), identified as the accused-appellant, Nana. During the altercation, the accused-appellant Nana allegedly inflicted a blow with a stone on the head and leg of the deceased, Phulki. Subsequently, he purportedly pushed her from a height of ten feet, resulting in her falling to the ground, where she sustained fatal injuries and died at the scene. On the said oral report, Police registered the FIR against the accused-appellant and started investigation. On completion of investigation, police filed challan against the accused-appellant for offence under Sec. 302 IPC. Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Sec. 302 IPC. He denied the charge and sought trial. During the course of trial, the prosecution examined as many as twelve witnesses and also got exhibited relevant documents in support of its case. The accused appellant was examined under Sec. 313 Cr.P.C. In defence, five documents Ex-D/1 to Ex-D/5 were exhibited.

(3.) Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statements of witnesses, vide judgment dtd. 11/6/2002 convicted and sentenced the accused-appellant for the offence under Sec. 302 IPC. Hence, this criminal appeal. Mr. Shambhoo Singh, counsel for the accused-appellant, has contended that there was neither intention nor motive on the part of the accused-appellant to cause the death of the deceased-Phulki. He submits that, even if the entire prosecution case is accepted, the injury inflicted with a stone on the deceased's head was found to be of a simple nature. The deceased ultimately succumbed due to injuries sustained from a fall from a height, which resulted in grievous rib fractures on her chest. These injuries are cited as the cause of her death. This version is corroborated by the testimonies of eye witnesses PW-2 Ratni (the complainant), PW-3 Hurma, and PW-5 Kurki. Therefore, the conviction recorded by the trial court under Sec. 302 of the Indian Penal Code is alleged to be legally unsustainable. It is contended that the impugned judgment of conviction warrants quashing and setting aside, and that the accused-appellant should be acquitted of the said offence. Counsel has relied upon the judgment of the Hon'ble Supreme Court in the case of Mathai Vs. State of Kerala reported in 2005 (3) SCC 260. Per-contra, the learned Public Prosecutor has vehemently opposed the prayer made by the counsel for the accused-appellant and submitted that specific averment has been made that the accused-appellant inflicted stone injury on the head of the deceased and later on he pushed the deceased from the height of ten feet and due to falling from such a great height, deceased sustained ribs injuries and died on the spot. Thus, the learned trial court has rightly convicted the accused-appellant for the offence under Sec. 302 IPC. Learned Public Prosecutor thus craves dismissal of the appeal. We have considered the submissions of the counsel for the parties made at bar and perused the impugned judgment as well as record of the case.