HEERA Vs. STATE

JUDGEMENT

(1.) - This is a Jail Appeal under Section 383, Criminal Procedure Code by accused Heera against the judgment dated 8.9.2006 passed by the Additional District & Sessions Judge (Fast Track), Jalore in Sessions Case No. 22/2006 (10/2006) whereby the accused was convicted under Section 320, I.P.C. for causing matricide and was awarded sentence for life imprisonment and a fine of Rs. 5,000/- in default thereof to further undergo 1 year's rigorous imprisonment.

(2.) Briefly stated the facts of the case are that on 10.3.2006 at about 4:30 p.m. a written report was lodged by Goma Ram stating therein that on 10.3.2006 at about 12 noon when he was sitting in his Dhani, he heard a hue and cry from the neighbouring Dhani of Heera to which he ran towards the spot and found Smt. Rambha mother of accused Heera lying in the Chowk. The blood was oozing from her head and he saw Heera running from the spot having an axe in his hand. Heera was not having cordial relations with his mother. She has been killed by accused Heera. The police after registering case under Section 302, I.P.C. against the accused and after completing investigation submitted challan against the accused Heera.

(3.) The accused denied the charge levelled under Section 302, I.P.C. against him and claimed trial. The prosecution in all produced 11 witnesses and got exhibited Ex. P1 to Ex. P23 documents. The accused in his statement under Section 313, Criminal Procedure Code denied about all the allegations and statements given by the prosecution witnesses. The accused stated that because of family dispute of partition, he has been falsely implicated. No defence was led. The learned lower Court after hearing and going through the oral as well as the documentary evidence found the appellant guilty and punished him as stated hereinabove.