MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated May 05, 2003 of learned Additional Sessions Judge (Fast Track) No. 1 Kota whereby appellant was convicted and sentenced under Sec. 302 IPC to suffer imprisonment for life and fine of Rs. 5000/ -, in default to further suffer rigorous imprisonment for one year. It is the prosecution case that on November 12, 2002 Asha Ram (since deceased) and Devi Lal (P.W. 19) were engaged in famine relief work. Around 3 PM on that day they were busy in chopping trees near the field of Ram Karan (father of appellant Mahaveer). Suddenly Ram Karan, Ram Kailash, Mahaveer, Buddhi and Lekh Raj armed with lathis and axes came over there and gave beating to Asha Ram and Devi Lal. They were removed to the hospital. Parcha Bayan (Ex. P -19) of Devi Lal was recorded. On that parcha bayan case under Ss. 147, 148, 307 and 323 IPC was registered at police Station Itawa and investigation commenced. Asha Ram died on November 30, 2002 and Sec. 302 IPC was added. After completion of investigation charge sheet was filed. In due course the case came up for trial before the court of learned Additional Sessions Judge (Fast Track) No. 1 Kota, Charges under Ss. 302, 302/34, 324, 324/34 and 323 IPC were framed. The appellant denied the charges and claimed trial. The prosecution in support of its case examined as many as 24 witnesses. In the explanation under Sec. 313 Cr.P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(2.) As per injury report (Ex. P -14) Asha Ram sustained following injuries: -

(3.) The only contention advanced on behalf of appellant is that single axe blow given by the appellant was as a result of provocation which he got in the heat of passion upon sudden quarrel therefore the appellant can be held guilty of culpable homicide not amounting to murder. This submission is however controverted on behalf of the State.