DHULA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8-9-94 passed by the Additional District and Sessions Judge No. 1, Udaipur, by which the learned Additional Sessions Judge acquitted the accused-appellant of the offence under Section 307 IPC but convicted and sentenced him for the offences under Section 302 and 324 IPC.

(2.) The appellant was tried by the learned Additional Sessions Judge No. 1, Udaipur for the offence under Section 302 IPC for committing the murder of Smt. Roopli; under Section 307 IPC for an attempt to murder Smt. Raju and Rama and under Section 324 IPC for inflicting simple injuries to Ganesh by a sharp edged weapon, i.e., the Kulhari.

(3.) The prosecution, in support of its case, examined twelve witnesses. The accused did not examine any witness in his defence. The learned Additional Sessions Judge, after trial, acquitted the appellant of the offence under Section 307 IPC for attempt to murder Smt. Raju (the mother of the accused) and Ram (the brother of the accused); but the learned Additional Sessions Judge, however, convicted the appellant for the offence under Section 302 IPC for committing the murder of Smt. Roopli and under Section 324 IPC for causing simple injury by a sharp-edged weapon (Kulhari) to Ganesh (the nephew of the accused) and sentenced him to undergo imprisonment for life and a fine of Rs. 500/- and in default of payment of fine further to undergo two months' rigorous imprisonment for the offence under Section 302 IPC and three years rigorous imprisonment for the offence under Section 324 IPC. Both the sentences were ordered to run concurrently. It is against this judgment dated 8-9-94 passed by the learned Additional Sessions Judge No. 1, Udaipur that the appellant has preferred this appeal.