SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21. 6. 2002 passed by the learned Additional Sessions Judge, Banswara convicting the first appellant Shankerlal of offence under Section 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 5000/- and in default, to further undergo two years' rigorous imprisonment. Appellants Suresh alias Sanju and Lalu have been convicted of offence u/s. 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5000/- each and in default, to further undergo two years' rigorous imprisonment.

(2.) THE facts as emerged during the trial are that the wife of deceased Mst. Geeta (P. W. 3) is the daughter of third appellant Lalu and sister of first and second appellants Shankerlal and Suresh. Geeta had married to one Ravi at Indore. Out of the said wedlock, she gave birth to three children. It is alleged that Ravi was drunkard and he used to beat Mst. Geeta, as such, she deserted him and contracted second marriage with deceased Ajai Singh Rathore. THE parents and brothers were not happy with the second marriage. it is alleged that on 8. 1. 2001 at about 8. 50 p. m. , P. W. 2 Abid gave an oral report to P. W. 12 Rajendra Singh, ASI, to the effect that on the same day, while he along with P. W. 7 Babu were in a marriage procession and had reached near Chhatripada, they noticed deceased Ajai Singh being assaulted by the assailants Shanker, Sanju and Lalu. Appellant Shankerlal inflicted injury by a weapon known as `gupti' on the back of deceased Ajai Singh, on account of which he fell down. THEy intervened and rescued him. THE brother of deceased Ajai Singh viz. , P. W. 8 Manoj Singh Rathore also arrived on the spot. THEy informed of the incident to P. W. 3 Geeta, wife of deceased Ajai Singh. Ajai Singh was brought by them to the hospital for treatment. It was also disclosed that the marriage of Geeta with Ajai Singh was a Court-marriage. Her parents were not happy with this marriage. It was also stated that Sanju and Lalu also gave beating to deceased by kicks and fists. On this information, Ex. P. 3, the police registered case for the offence u/ss. 307, 341, 323 and 34 IPC. P. W. 12 Rajendra Singh also recorded the statement of injured Ajai singh vide Ex. P. 18. Ajai singh succumbed to the injuries, as such, the police added the offence under Sec. 302/34 IPC. After usual investigation, the police laid the charge-sheet against the appellants for the offence u/s. 302/34 IPC. THE appellants denied and charges levelled against them and claimed trial. THE prosecution adduced oral and documentary evidence to prove the charges levelled against them. THE appellants denied the correctness of the evidence appearing against them. However, the learned trial Court having found the prosecution case proved, convicted and sentenced the appellants in the matter stated above.

(3.) THUS, the prosecution has succeeded in establishing that Ajai Singh died of homicidal death. The prosecution has examined P. W. 2 Abid, P. W. 7 Babu alias Nazmuddin and P. W. 8 Manoj Singh Rathore as the witnesses of occurrence.