THAWAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by accused appellant Thawar Mal against the judgment dated 30.6.2001 passed by the learned Addl. Sessions Judge (Fast Track) Sikar whereby the appellant Thawar Mal was convicted for the offence under Section 302 Indian Penal Code and was sentenced to life imprisonment and Rs. 500/- fine and in default to further suffer simple imprisonment for one month.

(2.) The brief facts relevant and essential for the disposal of the appeal are as under :

(3.) On 12.9.99 Bhagirath lodged a written report Ex.P/1 in police station, Kotwali, Fatehpur wherein it was mentioned that on that day i.e. 12.9.99 at about 10 pm his neighbour Thawar Mal @ Gadha was abusing them. His father Moolaram went near wall and asked Thawar Mal why he was abusing them. Thawar Mal inflicted injury on the head of his father Moolaram by a Sabbal and then ran away. His father was taken to Government Dhanuka Hospital, Fatehpur where he died. On this written report Ex. P/1, police registered a case for the offence under Section 302 Indian Penal Code and started investigation. Police prepared site plan Ex. P/3 and seized clothes of deceased Moolaram through seizure memo Ex.P/4. Accused appellant Thawar Mal was arrested by the police and Sabbal was recovered by the police on the information and at the instance of accused appellant. Autopsy was done on the body of deceased. After completion of investigation, police filed challan against the accused appellant Thawar Mal for the offence under Section 302 Indian Penal Code before the concerned Magistrate wherefrom the case was committed to District and Sessions Judge, Sikar and ultimately the case was transferred to learned Addl. Sessions Judge (Fast Track) Sikar where the case was tried.