NATHIYA @ NATHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant jail appeal has been filed by the accused Nathiya @ Nathu Lal against the judgment dated 14.3.2007 passed by learned Additional Sessions Judge (FT) No. 1, Udaipur in Sessions Case No. 56/2006 by which the learned Trial Court convicted the accused appellant Nathiya @ Nathu Lal for committing offence under Section 302 I.P.C. and passed sentence of life imprisonment along with fine of Rs. 5,000/- and in default of payment of fine, to further undergo six months rigorous imprisonment.

(2.) As brief facts of the case, upon oral statement made by the deceased Narda at Primary Health Centre, Parsola on 11.3.2006 at 5 P.M. to the witness PW-9 Bheru Singh, F.I.R. No. 25/2006 (Ex.P-19) was registered at Police Station Parsola, District Udaipur on 11.3.2006. In the statement (Ex.P-1) made by the deceased Narda, it was alleged that on 11.3.2006 at about 4 P.M. in the evening, I was in my home along with my Jethani Smt. Hakri wife of Roopa Meena, when we were talking, ail of sudden my brother in-law accused Nathiya came there and asked that my brother has died what you are doing here, I will not allow you to reside here. In reply Smt. Narda said that I am having small children, I cannot leave this place with my children. Upon refusing, the accused appellant gave threat to her that if you will not leave from this place then I will kill you. While saying so, he inflicted injury by knife (Churri), due to the said injury, I fell down and upon crying of my Jethani, Hakri, Roopa S/o Rama Meena, Deva immediately came there but Nathiya ran away from the place of occurrence. The deceased stated in her statement that after incident her family members took her to hospital for treatment, therefore, action may be taken against accused Nathiya.

(3.) The above statement of deceased were recorded by PW-9 Bheru Singh at Primary Health Centre, Parsola, thereafter, due to serious condition, deceased Smt. Narda was referred to the Udaipur for treatment by the doctor along with Constable Shambhu Lal Belt No. 653, thereafter at 6.30 P.M. on 11.3.2006, F.I.R. was registered at Police Station Parsola for offence under Section 307 I.P.C. against the accused Nathiya @ Nathu Lal.