GURBACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed by the accused appellant, Gurbachan Singh S/o Shri Dalip Singh, u/s 374 Cr.P.C ., the judgment dated 27th of September, 2008 passed by Addl. District & Sessions Judge (Fast Track), Anoopgarh, District Sriganganagar (for brevity, hereinafter referred to as 'Trial Court ) in Session Case No.58/2007 is under challenge, whereby the trial court convicted the accused appellant for offence under Section 302 of IPC and sentenced him as infra:

(2.) As per facts of case, complainant PW.1 Rajesh Singh, submitted a written report (Ex.P/1) on 22.08.2007 before the S.H.O., Police Station Gharsana, at government hospital where his mother Smt. Gyano Bai was admitted, alleging therein that his father Gurbachan Singh is habitual drinker and often demanded money from his mother and on denial, usually gave beatings and also make harassment to the family members. It was also alleged by the complainant that about four days before the date of occurrence, his father accused-appellant Gurbachan Singh returned from the house of his grandfather and continuously made quarrel and harassment to his mother Gyano Bai. On 22.08.2007 the complainant went to his working place, at about 12:30 pm, in the afternoon, where he received a telephonic message from his sister PW.2 Simran Kaur that their father i.e., accused-appellant gave fatal blow on the head of their mother Gyano Bai and to come there at the earliest. On receiving the aforesaid information, the complainant PW.1 Rajesh Singh immediately rushed to the house and found his mother Gyano Bai in unconscious condition. At that time, PW.6 Darshana Kaur also came on the spot and both of them took the injured Gyano Bai to the Government hospital where after the primary examination, the doctors declared Smt. Gyano Bai dead.

(3.) Upon the aforesaid written complaint, an FIR No.251/2007 was registered against the appellant and after completion of investigation, charge sheet was filed against the accused-appellant under Sections 302 of IPC in the court of learned Judicial Magistrate (First Class), Gharsana District Sriganganagar from where the case was committed for trial to the court of Addl. Sessions Judge, Anoopgarh but subsequently, was transferred to the Court of Addl. District & Sessions Judge (Fast Track), Anoopgarh for trial.