RAM CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 22nd Sept., 1995 passed by the learned Addl. Sessions Judge, Chhabra, in Sessions Case No. 144/95 (35/92) by which the appellant Ramchandra was convicted for committing offence under S. 302 Penal Code and was sentenced to life imprisonment and fine of Rs. 1,000.00. In default of payment of fine, he was ordered to further undergo two months simple imprisonment. The appellant was also convicted for offence u/S. 324 IPC, and was sentenced to one year rigorous imprisonment with fine of Rs. 100.00. In default of payment of fine he was ordered to further undergo 15 days simple imprisonment. The facts material for the purpose of disposal of this appeal may be stated thus:

(2.) A first information report came to be lodged with the Police Station, Mangrol, Distt. Baran by informant Jamnalal on 24th Jan., 1992 against the appellant alleging therein that he alongwith his brother Hajarilal had gone in Choth Ki Rasoi arranged by one Banshilal. After taking meals, when Jamnalal, Hazarital and other relatives were relaxing and gossipping under the shed of the house of Banshilal, appellant at about 11.30 RM. came over there and demanded explanation from Hazarilal as to why he was instrumental in breaking marriage engagement arranged by him (appellant). After uttering these words appellant opened knife and started inflicting blows on the right and left sides of chest of Hazarilal who became unconscious at the spot. When the informant attempted to intervene, the appellant also inflicted knife blow on his person near the left arm-pit and the Ribs. The witnesses tried to catch hold of him but the appellant fled away. After some time Hazarilal died and his body was taken to the Police Station in a bullock-cart by the witnesses.

(3.) Police Station Mangrol investigated the matter and filed charge sheet under Sec. 302 and 307 of the IPC. The case was committed to the Court of Addl. Sessions Judge, Chhabra who framed charges against the appellant for committing offence under Sec. 302 and 307 of the IPC.