PREMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21 -4 -1982 passed by the learned Sessions Judge, Pali where by he convicted the accused appellant under Section 302 I.P.C. and sentenced him to life imprisonment with fine of Rs. 200/ - and in default of payment of fine to further undergo two months imprisonment. He also convicted the accused under Section 324 I.P.C. and sentenced him to six months rigorous imprisonment He directed that both the sentences shall run concurrently.

(2.) THE facts giving rise to this case are that on 28 -2 -1980 Mst. Gajari wife of Amararam Gujar has filed a written report before the Sub -Inspector of Police, Balunda. It was stated that on 28 -2 -1980 some quarrel took place in the day between her and the wife of accused Pemaram. When accused came at house then his wife informed him about the so -called quarrel. Accused Pemaram got enraged and approached her husband and assaulted him with a scissor which is used for cutting the wool. Her mother -in -law tried to intervene but the accused assaulted her also. She cried for help that brought Mohan Bhambi and some more persons on the scene of occurrence. On the basis of this report, the police took up the investigation. The deceased was immediately taken to the Hospital at Pali, but on medical advise he was shifted to Jodhpur. The police arrested the accused on 3 -3 -1980. Thereafter scissor was got recovered at the instance of the accused. The deceased thereafter expired at Jodhpur on 5 -3 -1980, after giving the dying declaration Ex.P 4 where in he has stated that accused Pemaram hit him with scissor in his stomach. This dying declaration Ex. P 4 has been proved by PW 14 Dr. L.R.C. Bhandari and PW 13 Gopal Singh, Sarpanch Gram Panchayat, Balunda However, when the deceased died a case under Section 302 and 307 I.P.C. was registered against the accused. The accused was sent for trial under the aforesaid sections.

(3.) LEARNED Sessions Judge, Pali, after due trial, found the accused guilty under Sections 302 and 324 I.P.C. and sentenced him as aforesaid.