NARAYAN ALIAS NARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A written report filed by Shankar Lal before Police Station, Kotdi led the police after investigation to file a challan against the accused-appellant Narayan @ Naran under Sec. 302 I.P.C. and 3(1)(X) of the SC/ST (Prevention of Atrocities) Act before the Additional Sessions Judge (Fast Track), Bhilwara, who after discharging the accused under Sec. 3(1)(X) of the SC/ST (Prevention of Atrocities) Act, convicted the accused after trial under Sec. 302 I.P.C. and sentenced him to undergo life imprisonment and to pay a fine of Rs.1000.00; in default of payment of fine to further undergo 3 months rigorous imprisonment, against which jail appeal has been preferred by the accused-appellant.

(2.) The brief facts as disclosed is that on 2.6.2001, a written complaint was filed by Shankar Lal with the averment that his father Ghashi Ji at about 5.00 p.m. was returning after paying visit to 'deity of Dhuni'. In the way accused Narayan with an iron road belaboured his father, due to which his father received serious injury on the head and also on the right hand. The incident was witnessed by Uda and Mrs. Radha, who brought his father to his house. On this report, a case against the accused-appellant for the offence under Sections 307 and 323 I.P.C. and under Sec. 3(1)(X) of the SC/ST (Prevention of Atrocities) Act was registered. During investigation, when the injured Ghashi died, Sec. 302 I.P.C. was also added and the police submitted challan against the accused for the aforesaid sections.

(3.) The accused was discharged for the offence levelled under Sec. 3/3(2)(v) of the SC/ST (Prevention of Atrocities) Act and charge was framed against him under Sec. 302 I.P.C. The accused denied the allegation and claimed for trial. The prosecution in all produced eight witnesses. The accused-appellant in his statement under Sec. 313 Crimial P.C. denied the allegations of prosecution. No defence was led in evidence.