ROOPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Jail appeal is directed against the Judgment dated 1. 12. 2005, passed by the learned Sessions Judge, Pratabgarh, whereby appellant Roopa S/o. Rajing has been convicted of offences under Section 302, IPC, and sentenced to life imprisonment and a fine of Rs. 5,000/-, in default of payment of fine, to further under six month's Rigorous Imprisonment; under Section 447, IPC, to 3 months' simple imprisonment and under Section 323, IPC, to three months' simple imprisonment. All the substantive sentences were directed to run concurrently.

(2.) THE prosecution story, as unfolded during trial, is that on 5. 4. 2005, at 6. 00 P. M. , one Babulal s/o Rajia lodged a verbal report to the Sub-Inspector of Police Bhairon Singh, Police Station, Pratabgarh, District- Chittorgrath that on the day of the incident at around 5. 00 P. M. , he was in his field. His nephew Nanalal s/o Kesuram, aged 10 years and his niece Dhapuri, both were grazing she-goats in the field of `aama wala'. Suddenly, his nephew cried loudly "maare- re, maare-re, Dauro'. His cries attracted the informant-Babulal, Devilal and Ambalal and they immediately rushed to the scene of the incident and saw that accused Roopa s/o. Rajiga was inflicting `lath' blows on the head of his nephew Nanalal. He has inflicted 3-4 `lath' blows on the head of Nanalal. On his intervening, Roopa gave him `lath' blows also, on his head, legs and hands. Ultimately, the informant- Babulal, Devilal, Ambalal and Jagdish succeeded in over-powering Roopa. THEreafter, they found that Nanalal had died on the spot. Accused Roopa immediately took to his heels. THEreafter, his brother-Keshulal also came to the scene of the incident. It was further alleged by informant- Babulal that as she-goats of Nana had entered the field Roopa, so, with an intention to kill him (Nanalal), Roopa has given `lath' blows on his head and has committed his murder. This information was recorded into writing vide Ex. P. 9.

(3.) AFTER hearing the final submissions of both the learned counsel for the parties, the learned Sessions Judge, Pratabgarh found the case proved against the accused-appellant Roopa and vide his Judgment dated 1. 12. 2005, convicted and sentenced him as mentioned above.