RAMJI LAL ALIAS SUKYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAMJILAL @ Sukya, the appellant herein, was indicted in Sessions Case No. 33/2001 before the learned Additional Sessions Judge Gangapur City for having committed murder of Ashok. Learned Judge vide judgment dated May 22, 2001 convicted and sentenced him under section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer six months rigorous imprisonment.

(2.) AS per the prosecution case on July 11, 2000 at 6. 05 AM the informant Rameshwari (PW. 4) submitted a written report (Ex. P. 9) at Police Station Gangapur City stating therein that in the preceding night about 9 PM while she was cooking food her husband had gone out. AShok (deceased) and Ramjilal (appellant), who were under the influence of liquor, came quarreling to her house. Finding them quarreling she scolded them and they in turn promised not to quarrel again. AShok then lay down on the cot, which was lying outside her house. Pretending to attend call of nature Ramjilal went near the Chhappar from where he brought spade and gave blows on the neck and face of AShok, as a result of which AShok died instantly. At the time of incident Parsadi and other villagers were present. After her husband arrived in the night, motbirs of village gathered and decision was taken to lodge report. On that report a case under Section 302 IPC was registered and investigation commenced. Dead body was subjected to post mortem, statements of witnesses were recorded, the appellant was arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Gangapur City. 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 may as 9 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence and stated that he was under intoxication and he did not give any beating to AShok. It was on the pursuation of Ramesh and Rameshwari that the villagers had given beating to him, tied him in the hut and handed him over to the police. He had no enmity with AShok, but relations of Ramesh were inimical with him because some two years back he took out money from the pocket of Ramesh. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the appellant as indicated herein above.

(3.) AS a result of above discussion, we find no merit in the instant appeal and the same stands accordingly dismissed. The conviction and sentence awarded to appellant under Section 302 IPC are confirmed. .