GIR RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GIRRA j, the appellant herein, and six other co-accused viz. , Mst. Uganti, Mst. Roopbai, Mst. Sondei, Murari, Hansraj and Bharat Lal, were put to trial before the learned Additional Sessions Judge (Fast Track) Hindaun City in Sessions Case No. 54/2001 (6/2000 ). Learned Judge vide judgment dated January 22, 2002 convicted only the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/- with default stipulation. Against the finding of acquittal the State of Rajasthan preferred petition seeking leave to appeal No. 3/2003, whereas GIRRAj has assailed the judgment of his conviction in Appeal No. 403/2002.

(2.) THE prosecution story runs as under:- On October 23, 1999 the informant Samay singh (PW-2) submitted a written report at (Ex. P-2) at Police Station Hindaun City with he averments that on the said day at 9-10 a. m. when the informant and his family members had been to their field Girraj, Bharat Lal, Hansraj, Murari and their women armed with lathis and pharsis attacked on them. Girraj inflicted Phrase blow on the head of Itwai (since deceased) and Bharat Lal dealt with lathi blow that was laid on her head. Others also gave lathi-blows on the person of Itwai and Rajanti. Hearing informant's hue and cry Udai, Ramphool etc. came and rescued them. On that report a case under Sections 147, 323, 342 and 307 IPC was registered and investigation commenced. itwai was referred to Jaipur Hospital, where she was operated upon but later on she succumbed to her injuries and Section 302 IPC came to be added. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun City. Charges under Sections 148, 302, 302/149 and 323/149 IPC were framed against the accused, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 14 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence. In defence Mohan Lal (DW-1) was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) LEIW. kz ?kvuke dks ns[kus ds ckn ,slk ugha ik;k tkrk gs fd eq- brokbz dks dry djus dk vfhk;qdrx. k dk dksbz mn~ns'; gks** (Taking overall view of the incident it could not bound that the accused persons had any intention to kill Smt. Itwai.) However, from the statements of witnesses Samay Singh (PW-2), Ram Phool, Udai Singh (PW-3) and Rajanti (PW-4) it is established that the fatal injury on the head of deceased Itwai has been attributed to appellant Girraj. The only question for consideration, therefore, is whether the act of appellant Girraj constitute the offence under Section 302 or Section 304 Part II of Indian Penal Code.