KESARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant has filed this appeal under Sec. 374 Crimial P.C. to challenge impugned judgment dated 30th of Sept., 1997 passed by Sessions Judge, Sirohi (for short, 'learned trial Court'), whereby the appellant is convicted for offence under Sec. 304 Part-II Penal Code and sentenced for four years rigorous imprisonment with fine of Rs. 200.00 and in default of payment of fine, learned trial Court ordered that appellant shall further undergo sentence for one month's simple imprisonment.

(2.) Succinctly stated the facts of the case are that complainant, Kanaram submitted a written report (Ex.P/7) before the SHO, Police Station Sirohi alleging that his daughter Ms. Rai entered into matrimony with the accused-respondent about a year back and, for quite sometime, their relations remained cordial. It is also stated in the report that before Holi festival, there was some bickering between accused and his daughter Ms. Rai, and therefore, accused did not allow her to leave matrimonial home for returning to her parents. When the complainant went to in-law's house of Ms. Rai, accused did not permit her to accompany him and finally, on intervention by the reputed members of the community, he allowed Ms. Rai to accompany him. It is in that background, the accused became annoyed and persecuted both complainant and Ms. Rai and, despite efforts being made by the complainant, he inflicted injury on the head of Ms. Rai by using a stone. The injury inflicted by the accused was so serious that Ms. Rai succumbed to the same on spot. The police, after making necessary investigation, registered a case against the accused-appellant for offence under Sections 302 and 498-A Penal Code and filed charge-sheet before the concerned Magistrate. The concerned Magistrate committed case before the learned trial Court.

(3.) The learned trial Court framed charges against the appellant under Sec. 302 Penal Code and the same was denied by the appellant, and therefore, he was put to trial.