SATISH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) Cr.P.C. is preferred by the accused -appellant to assail the impugned judgment dated 23.11.2006 passed by the District & Sessions Judge, Hanumangarh (for short 'the learned Trial Court') in Sessions Case No. 07/2005 whereby the appellant is convicted for the offence under Sec. 302 IPC and handed down sentence of life term imprisonment on 08.12.2006.

(2.) The facts apposite for the purpose of this appeal are that PW -7 Gyan Singh resident of ward No. 15 submitted a written report (Ex. P/6) at Police Station, Hanumangarh Town alleging therein that appellant is his neighbour besides Baldev alias Deva. It is also stated in the written report that there was serious acrimony between Baldev and the appellant and the cause of annoyance of the accused -appellant was illicit relation of his wife with Baldev. As per the written report, on 21.11.2004 at about 9:45 p.m. when the informant PW -7 Gyan Singh was standing on street, he heard some noise and alarm from the house of appellant Satish Kumar where his wife was shouting to save Baldev and thereupon he went to appellant's house and saw that Baldev was lying on the bed and appellant was inflicting blow on his head by a laundry bat (wooden 'Ghota'). The injuries caused by wooden 'Ghota' oozed out blood from the head of Baldev and thereafter Baldev was taken to hospital by him. Pursuant to the written report, FIR (Ex. P/8) was registered against the appellant for the offence under Ss. 307 & 223 IPC. The injuries suffered by Baldev proved fatal and after ten days, he succumbed to injuries and consequently, the police added offence under Sec. 302 IPC and after completing investigation submitted charge -sheet against the accused -appellant before the Additional Chief Judicial Magistrate, Hanumangarh. The Additional Chief Judicial Magistrate while resorting to Sec. 209 Cr.P.C. committed the case to the learned Trial Court.

(3.) The learned Trial Court framed charge against the accused -appellant for the offence under Sec. 302 IPC and charge was denied by the accused -appellant. Later on, the learned Trial Court proceeded for trial of the case. The prosecution in order to bring home guilt for the offence under Sec. 302 IPC against the appellant, examined 12 witnesses and some documents were also exhibited for substantiating the charge. On completion of prosecution evidence, statements of accused under Sec. 313 Cr.P.C. were recorded wherein accused -appellant has pleaded that he has been falsely implicated and also craved before the learned Trial Court for producing his defence. In his defence, the appellant examined two witnesses. Upon conclusion of the trial, arguments were heard and the learned Trial Court by the impugned judgment indicted the appellant for the offence under Sec. 302 IPC and handed down the sentence referred to supra.