GHANSHYAM ALIAS MOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GHANSHYAM @ Mool Chand, the appellant herein, was put to trial in Sessions Case No. 35/1999 before the learned Additional Sessions Judge Neem-ka-Thana (Sikar), who vide judgment dated January 11, 2002 convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 20,000/-, in default to further suffer imprisonment for one year.

(2.) THE prosecution story is woven like this: On May 18, 1999 the informant Jagdish (PW. 7) finding his son Lala Ram, aged 12 years, lying dead in the Nala near Railway (Sikar) with the averments that he was a truck driver and had gone to Delhi. On May 16, 1999 he returned from Delhi and saw crowd near Railway crossing. He got his truck halted and reached near the crowd where he found his son lying dead having deep cut on his neck. On that report a case for the offence under Section 302 IPC was registered and investigation commenced. Dead body of Lala Ram was subjected to autopsy, statements of witnesses were recorded by the police, necessary memos were drawn and the appellant was arrested. On completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge, Neem-ka-thana (Sikar ). Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 18 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however, examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) DEATH of Lala Ram was undeniably homicidal in nature. As per post mortem report (Ex. P-27) following antemortem injuries were found on the dead body:- 1. Incised wound 6" x 3-1/2" x upto vertebral column at front of neck at junction of neck and head more on right side. All structured trachea, blood vessels and muscles are cut slight oblique upper and towards left side of neck and lower and towards medial part supraclavicular Right side area, the wound is widest at mid at Trachea antemortem in nature. 2. Incised wound 1-1/2" x 1/4" medial aspect lower part left forearm. 3. Abrasion 1-3/4" x 1" at dorsal aspect left hand. 4. Abrasion tiny 7-8 in number at right side chest wall & abdominal wall. In the opinion of Dr. O. P. Karwal (PW. 16), who conducted autopsy on the dead body, the cause of death was primary shock due to severe haemorrhage and injury to vital organ. Last Seen :