PHOOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PHOOLARAM has filed this appeal against the judgment dated July 21, 1978 of the learned Addl. Sessions Judge, Hanumangarh whereby he convicted the appellant under Section 304, Part II, IPC and sentenced him to six years rigorous imprisonment.

(2.) ACCORDING to the prosecution on August 15, 1976 at 11.00 a.m. accused -appellant Phoolaram lodged a report at P.S. Rawatsar that his father had died 15 years back leaving him behind as his eldest son. The deceased Khayaliram developed illicit relations with his mother and sister Mst. Teja for the last 6/7 years. The accused -appellant had asked the deceased that he should stop coming to his house but the deceased insisted for it. It is alleged that on the intervening night of August 14/15, 1976, the accused -appellant and his father -in -law Roodram were sleeping in the court -yard. The accused got up at 6.00 a.m. and went inside the house. On opening the door, he found the deceased sleeping there. He was seriously provoked. He picked up an axe lying there and inflicted three injuries and came out and closed the doors. At that time his mother and sister returned after answering the call of nature. He told them that he was going to Rawatsar. At the bus stand Palu, he met Kishanaram who asked the accused as to why his shirt was stained with blood and it is said that the accused got nervous and made and extra -judicial confession before him. Kishnaram took the accused to the police station. A case under Section 302, IPC was registered. During the course of investigation accused was arrested; blood -stained clothes were seized, the weapon of offence, viz., the axe was recovered and after completion of investigation, the police filed challan in the court of Munsif and Judicial Magistrate, Nohar who committed him to the court of Sessions. The learned Addl. Sessions Judge No. 1, Hanumangarh tried the accused. The learned trial court framed charges under Section 302, IPC. Accused pleaded not guilty and claimed trial. Prosecution examined 8 witnesses in support of its case. Accused was examined under Section 313, Cr.PC an denied the accusation. One witness was produced in defence. Placing reliance upon the prosecution evidence, the learned trial court convicted and sentenced the accused as stated above. Aggrieved by the order of conviction and sentence, the accused has come up before this Court in appeal.

(3.) EVEN the I have gone through the record of the case and find that the conviction is well -proved on the evidence recorded by the trial court and there is no infirmity attached to it.