DILIP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this appeal, appellant has challenged the judgment dated january 8, 2003 of the learned Additional sessions Judge, (Fast Track) Baran, whereby appellant Dilip was convicted and sentenced as under : u/s. 302 IPC. to suffer imprisonment for life and fine of rs. 100/-, in default to further suffer simple imprisonment for one month.

(2.) IT is the prosecution case that on November 27, 2001 at 9. 30 p. m. informant gopal Lal (PW9) handed over a written report at Government Hospital, Baran to A. S. I. , Shri Noor Mohammed (PW 8) who reached there on telephonic message about the incident. In the report, it was stated that the informant was at his residence on the said day in the evening when his younger brother bal Kishan was inflicted a stab wound on chest by his elder brother Kanhya Lal and his son Dilip Singh Rathore consequent upon an altercation regarding the demand of money allegedly due. The informant himself also sustained an injury on the finger at left hand while his elder brother Narain sustained a knife blow. The occurrence as witnessed by his 'bhabhis' (brothers' wives ). Bal Kishan was taken to hospital on cycle where he was declared dead. On that report, a case under Sections 302, 452 and 324/34, IPC, was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation, chargesheet was filed. In due course, the case came up for trial before the learned Additional Sessions judge (Fast Track), Baran. Charges under sections 302, 452 and 324, IPC, were framed against the appellant who denied the charges and claimed trial. The prosecution in support of its case, examined as many as 18 witnesses. In the explanation under section 313, Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge after hearing final arguments, convicted and sentenced the appellant as indicated herein-above.

(3.) A look at the post-mortem report (Ex. 13) reveals that following ante-mortem injury was found on the dead body of Bal kishan: