GEEG SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Geeg Singh s/o Samrath Singh, by -caste Rajput, resident of village Chaurau of District Jalore was charged for committing the offence of murder of one Magha Ram,a young boy of 16 years only and has been convicted by the judgment dated 24.6.2002 passed by the learned Additional Sessions Judge(Fast Track), Jalore under Section 302, IPC and has been sentenced to life imprisonment and a fine of Rs. 1000/ -and, in default of which, sentence of one year rigorous imprisonment under Section 302, IPC. Hence this appeal has been preferred by the accused -appellant to challenge his conviction and sentence.

(2.) AS per the prosecution case, a written FIR( Ex.P.9) dated 28.12.2000 was submitted by the complainant PW -7 Dhanna Ram at 6.15 p.m. before the S.H.O., Police Station, Sayala stating therein that he and his son Magha Ram went for grazing his sister's son Kera Ram s/o Malaji's cattle on 28.12.2000 at about 5 p.m. Some of the cattle were sick and remained behind and he (Dhanna Ram) was with their cattle. Magha Ram s/o complainant Dhanna Ram was going ahead of the complainant with other cattle and when he reached near the agricultural field of Samartha, he saw the accused Geeg Singh running with axe in his hand. Accused Geeg Singh with intention to kill his son Magha Ram, inflicted two blows of axe on the head of complainant's son Magha Ram. Magha Ram instantly fell down. The complainant Dhanna Ram ran towards his son and at the same time, two other persons Veerma Rebari and Harsan Rebari both resident of Chaurau, who were passing through and saw the incident, also rushed towards the place of occurrence and reached there. The complainant tried to catch hold of the Geeg Singh but he ran in nearby forest. It is also alleged that accused Geeg Singh's brother Bhera was also standing near his Dhani and also saw the incident. The victim was taken to the hospital at Sayala in jeep of one Paras Sant. The doctor at Sayala, looking to the seriousness of the victim, referred him to Jalore. When they were about to start for Jalore, the victim Magha Ram died and, therefore, the body of deceased Magha Ram was kept in the vehicle which is lying in Sayala Hospital and Magha Ram's father Dhanna Ram went to report the matter to the Police Station, Sayala. On this report, Case No. 182/2000 was registered under Section 302 IPC.

(3.) THE charge under Section 302, IPC was framed against the accused and the accused denied the charge of committing offence of murder of Magha Ram and sought trial. The prosecution examined PW -1 Manga,PW -2 Jethu Singh, PW -3 Dilip Singh, PW -4 Sahi Ram, PW -5 Madhu Singh, PW -6 Abbu Khan, PW -7 Dhanna Ram, PW -8 Veerma, PW -9 Harsan, PW -10 Dr. Kesav Kotwani, PW -11 Parasdas Sant and PW -12 Shanker Singh. The documents referred above were also exhibited.