RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated November 29, 2002 of the learned Additional Sessions Judge Ramganj Mandi District Kota, whereby the appellant was convicted and sentenced as under - Under Section 302/34 IPC:

(2.) IT is the prosecution case that on June 5, 2001 informant Bhuli Bai (PW. 1) arrived at Police Station Kanwas at 10.30 AM and orally apprised that after the death of her son Chhitar some 12 years back his wife Bali Bai entered into Nata -marriage with Kanhaiya. Both Kanhaiya and Bali Bai wanted to grab the hut belonging to Chhitar which was mortgaged with Bheema (since deceased). Around 10 AM on the said day while the informant and Bheema were proceeding towards police station to lodge the report in that regard, they were belaboured by Kanhaiya and Raju (appellant). Raju caught hold of Bheema and Kanhaiya inflicted knife blow on his back who was removed to the hospital Kanwas and Police took him to Kota in an unconscious state. On that report case under Sections 307 and 341/34 IPC was registered and investigation commenced. In the course of investigation Bheema succumbed to the injuries and Section 302 IPC came to be added. On completion of investigation charge sheet was filed against appellant and Kanhaiya. In due course the case came up for trial before the learned Additional Sessions Judge Ramganj Mandi District Kota. Charges under Sections 342/34, 302 and 302/34 IPC were framed against Kanhaiya and the appellant, who denied the charges and claimed trial. Kanhaiya, who was released on parole, did not return back and on June 20, 2002 he was declared absconder. Trial against appellant was however proceeded. As many as 15 witnesses were examined by the prosecution in support of its case. Appellant claimed innocence in his explanation under Section 313 CrPC, but did not examine any witness in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) DEATH of Bheema was indisputably homicidal in nature. As per postmortem report (Ex.P -16) following ante mortem injuries were found on the dead body: