KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 8-3-2002 passed by the Addl. Sessions Judge (Fast Track), tonk whereby the trial Court has convicted the accused appellant for offences under sections 452, 323 and 302 of Indian Penal code ('ipc' for short ). The appellant has been sentenced to one year of simple imprisonment and has been fined Rs. 200/- and in default thereof to further undergo seven days of simple imprisonment for the offence under Section 452, i. P. C. , for the offence under Section 323, I. P. C. , he has been sentenced to six months of simple imprisonment and has been fined Rs. 100/- and to further undergo a simple imprisonment of five days in default thereof; for offence under Section 302 the appellant has been sentenced to life imprisonment and has been imposed with a fine of Rs. 2,000/- and to further undergo a simple imprisonment of six months in default thereof. Aggrieved by the said judgment, the appellant is before us.

(2.) ACCORDING to the prosecution, on 4-3-2001 one Surajmal (PW 3) lodged a written report (Ex. P. 9) at the Police Station Kotwali, tonk wherein he claimed that in the evening around 7. 00 o'clock his uncle, Kailash (the appellant before us) alongwith one Mukesh, came to his house. His father was in the house. As soon as the appellant entered the house, he attacked his father with a sword. The appellant was accompanied by one mukesh who was armed with a 'gandasi'. Both the persons assaulted his father. At that time he, alongwith his mother, was in the jungle. His sister Gaduli (PW 11), who was at home tried to save their father. Consequently, both these persons also assaulted her. His other sister, Dholi (P. W. 7), also came into the house. As soon as he was informed, he rushed back home where he found his father in an unconscious state. His father had suffered many injuries on the head, on the right eye and on the left hand. His sister Gaduli had also suffered injuries on her hand. His father was bleeding. He took his father to the hospital, but the doctors there referred him to Jaipur. On the basis of this written report an unnumbered report was registered for offence under Sections 452, 323 and 307/34, I. P. C. The said report was subsequently sent to the Police station Banetha where the said report was registered as a formal FIR, FIR No. 27/2001 and the investigation commenced. With the death of the complainant's father, Ramvilas, the offence under Section 302, I. P. C. was added. After filing of the chargesheet, the appellant was charged with offences under sections 452, 323 and 302, I. P. C.

(3.) IN order to support its case, the prosecution examined 21 witnesses and submitted 22 documents. Although the appellant did not examine any witness in defence, he did submit seven documents. After going through the oral and documentary evidence, the learned Judge convicted and sentenced the appellant as aforementioned.