SOMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is preferred by accused Someshwar against the judgment of the Court of Sessions Judge, Dungarpur in Sessions Case No. 8/2001. Smt. Kamtu lodged a First Information Report on 2. 12. 2000 at 9. 00 p. m. In Police Station, Bichhiwara. It was orally stated that she has three sons and three daughters, out of which accused Someshwar is elder son. Deceased Radhelal was a Postman. Accused Someshwar used to quarrel with deceased Radhelal demanding his salary. Someshwar had beaten his father Radhelal on earlier occasions also, but the matter was not reported to the police on account of relation of son and father. On 1. 12. 2000, her husband was returning back after distribution of posts at about 10 -11 P. M. At that time, she along with daughter Sharda were waiting for him. Someshwar hit Radhelal with the stick, causing death. The incident was first informed to Kushal and, thereafter, reported to the Police. The FIR was registered under Sections 302 and 341 of IPC, bearing FIR No. 349/2000.

(2.) POLICE conducted investigation and filed charge sheet before the Court of Additional Chief Judicial Magistrate, Dungarpur, from where the case was committed to the Court of Sessions Judge, Dungarpur. Charge was framed under Section 302 of IPC which was denied by the accused who claimed trial. 13 witnesses and twenty- five documents were produced by the prosecution, whereas two documents were produced by the defense. The statement of the accused was recorded under Section 313, Cr. P. C, who stated that he is innocent in the matter and Deceased Radhelal died by falling from the wall of the pond under the influence of liquor.

(3.) PW 7 Dr. G. L. Rathore stated that deceased sustained five injuries, out of which only one injury was serious and other injuries were simple in nature. It was further being stated that the cause of death is due to excessive bleeding arising out of head injury. It was admitted by the said witness that injury sustained by the deceased was not sufficient to cause death. In the cross examination, said witness stated that head injury seems to have been sustained by stick.