BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BABU Lal, appellant herein, was put to trial for committing murder of his own father before learned Additional Sessions Judge Behror District Alwar, who vide judgment dated November 25, 2000 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/ -, in default to further suffer three months imprisonment.

(2.) IT is the prosecution case that on October 15, 1998 informant Gheesa Ram (PW. 1) submitted a written report (Ex.P -1) at Police Station Mandan stating therein that on the said day his son Sarjeet and grand son Babu Lal had hot exchanges in connection with sale of millet, thereupon Babu Lal inflicted a knife blow on the person of Sarjeet, who was removed to hospital where he was declared dead. On that report a case under Sections 302 IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Behror District Alwar. Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as may as 13 witnesses. In the explanation under Section 313 CrPC, the appellant claimed innocence. Three witnesses in support of his defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.

(3.) LEARNED Counsel for the appellant criticised the impugned judgment from various angles and urged that since informant Gheesa Ram (PW. 1) did not support the prosecution case, the charge under Section 302 IPC could not be established beyond reasonable doubt. It is ultimately contended that the incident appeared to have been occurred all of sudden and without any premeditation, Exception 4 to Section 300 IPC ought to have been invoked.