PAPPI @ PAPPU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant convicted for the offences of Sec. 302 and 307 Penal Code vide judgment dated 19.01.02 in Sessions Case No. 31/2000 by learned Additional Sessions Judge, Srikaranpur, Distt. Sriganganagar and sentenced to life imprisonment and fine of Rs. 1000.00 in default total six months imprisonment, has preferred this jail appeal for setting aside the conviction and sentence.

(2.) Alleged brief facts leading to the prosecution appears to be that on 06.08.2000 at 7.30 A.M. one Smt. Pasi W/o Pappu Singh (appellant's wife) with her brother Nand Singh lodged an oral complaint at Police Station Kesrisinghpur stating that she alongwith her husband are residing for last two months at village 38F for earning their livelihood and are living with her mother Smt. Harpal Kaur. Her husband doubting her character often quarrels with her and yesterday i.e. on 5th Aug. at around 10:00 PM, when she, her mother Harpal Kaur, wife of elder brother (Bhabhi) Gurvinder Kaur were sitting in courtyard having gossip and baby Raman Deep daughter of Gurvinder 18 months old in lap of Smt. Harpal, her husband Pappu Singh came, having a knife in hand and telling that he will finish her, inflicted blows of knife on her causing injuries on left nipple and another blow on left buttock and when her mother intervened, he inflicted blows of knife causing injury to baby Ramandeep who died spontaneously and also inflicted injuries on abdomen of Smt. Harpal with intention to kill.

(3.) Smt. Pasi stated in FIR that on shouting of Smt. Gurvinder husband Pappu Singh ran away and neighbour Bindra Singh and then their relative Nirbhay Sigh came who carried mother Harpal to hospital and she remained whole night by the body of baby Ramandeep andn ow in the morning, she has come with her brother to lodge the report. This information taken down in Roznamcha and on the basis of it, FIR Ex. P/3 134/2000 registered for offences under Sec. 302, 307, 324 and 323 Penal Code .