JANKI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JANKI Lal (appellant herein) was put to trial before learned Additional Sessions Judge (Fast Track) No. 2, Kota, who vide judgment dated February 28, 2002 convicted and sentenced the appellant as under:- Under Section 302 IPC: To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for six months. Under Section 323 IPC: To suffer simple imprisonment for six months. Substantive Sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on September 20, 2001 at 8. 15 AM informant Mahesh (Pw. 9) handed over a written report (Ex. P-4) to SHO Police Station Mahaveer Nagar. IT was inter alia stated in the report that the informant's sister Bajrangi Bai (since deceased) was married to appellant and was residing and working in Madhu Smriti institution. There was dispute between Bajrangi Bai and appellant. On the said day around 7. 30 AM Mahaveer Sharma (Pw. 7) told the informant that the appellant gave beating to Bajrangi Bai due to which she became unconscious and was removed to MBS hospital where she was declared dead. On that report a case under Sections 302 and 323 IPC was registered and investigation commenced. Postmortem on the dead body was performed. Necessary memos were drawn, statement of witnesses were recorded, the accused was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Kota. Charges under Sections 302 and 323 IPC were framed. The appellant denied the charges and claimed trial. The prosecution in support of its case examined as many as 20 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence and stated that from 1996 the case was pending before the Family Court and he was regularly paying maintenance to the deceased. He was falsely implicated in the case. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) IN Hari Ram vs. State of Haryana (1983) 1 SCC 193 and Krishna Tiwari vs. State of Bihar JT 2001 (3) SC 331, the accused who after getting provoked came with sharp edged weapon and got the same thrusted on the chest of the deceased, were found guilty under Section 304 IPC.