CHATRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been preferred to challenge the judgment and order dated 27.9.2002 passed by learned Additional Sessions Judge (Fast Track), Sirohi in Sessions Case No. 10/2002 (1/2002) by which the learned trial Court convicted appellant Chatra S/o Annaji under Section 302 I.P.C. and sentenced him to undergo rigorous imprisonment for life with a fine of Rs. 2000/- and in default of payment of fine to undergo 1 year's rigorous imprisonment.

(3.) As per the prosecution case, on 29.8.2001 in the night at about 1:20 A.M., Constable Sujana Ram PW-11 received information on telephone that one person by caste Bheel has killed his mother, therefore, come early. Said information was transmitted by QST message to the SHO, Police Station, Mandar. The SHO thereafter went to the place of incident where one Ramesh S/o Jama, by caste Bhil gave oral report which was recorded as Parcha Bayan (Ex.P/1). Said Ramcsh informed that his maternal uncle - Chatra (appellant)'s house is situated near his house and in the night, Chatras daughter Pappi came weeping to his house and told him that her father (Chatra) killed her grand mother Navu. Ramesh immediately went to the house of Chatra and found said Navu lying dead. Ramesh immediately went to call his maternal unde Deva and told him about the incident. Deva immediately went to bring Chatra's wife from her parental house. In the same night, Ramesh, Deva and Chatra's wife - Smt. Kaku all went to the village from where 5-7 persons accompanied them and they all went to the house of Sarpanch and thereafter informed the police about the incident. On the basis of Parcha Bayan, F.I.R. (Ex.P/17) was registered. The post mortem was conducted and as per the post mortem report (Ex.P/1), Scalp was crushed at posterior part of occipital region and Skull was also crushed. Membraned and brain were also crushed and brain material was oozing from the fractured side. As per the post mortem report, the cause of death was due to brain injury and fracture of skull bone. FSL report was also obtained and as per FSL report (Ex.P/21), weapon of offence - axe was found to be stained with human blood.