HEERGIRI @ HEERGHAR S/O NARAYANGIRI Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred to challenge the judgment dated 22.07.2011, whereby, the appellant has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 5000/-, in default of payment of fine, to undergo six months' rigorous imprisonment.

(2.) Briefly, facts in the matter are that a written complaint was filed by one Shri Chhoggiri resident of Ratanpura stating therein that the accused Heergiri is the son of his uncle Narayangiri having his Dhani (hamlet) located in front of Dhani of his father Bhemgiri. The accused Heergiri (his uncle's son) has murdered his mother in the past. Immediately, after having been released from jail, he was staying with his wife Indra and kids at his in-laws house, only 10 to 15 days back Heergiri along with his wife and children started living in his own Dhani (hamlet). On 18th February, 2009 when the complainant was sitting in his father's Dhani along with his mother, at around 03:30-04:00 O'clock in the evening, the daughters of Heergiri, Vimla and Ramila were shouting that their mother is being beaten. On hearing hue and cry he along with his mother went towards the Dhani (hamlet) of Heergiri and saw that Heergiri was giving blows on the head and face of Indra, Vimla and Ramila were crying/shouting on the spot. After this, the complainant called the inhabitants of the nearby area and ran towards Heergiri. Heergiri ran away along with Kudali and in the meantime Sujanaram Rebari and Bhamararam Meghwal came on the spot of incident. Thereafter, father of Heergiri, Narayangiri and the father of the complainant Bhemgiri alongwith other residents of their village reached the spot.

(3.) An FIR was lodged on 18th February, 2009 under Section 302 IPC. The same was also presented before the learned Additional Chief Judicial Magistrate, Bhinmal on 19th February, 2009.