FATEH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Additional Sessions Judge, Bhadra, District Hanumangarh, dated 30.06.2007, whereby he convicted the accused appellant Fateh Singh for the offences under Ss. 302 IPC & 323 IPC and sentenced him to undergo imprisonment for life & to pay a fine of Rs. 5000/ - & in default, to further undergo one year's R.I. for the offence u/s. 302 and six months' simple imprisonment and a fine of Rs. 500/ - & in default, to further undergo one month's S.I. for the offence u/s. 323 IPC. Both the substantive sentences were ordered to run concurrently.

(2.) Facts leading to this appeal are that on 22.09.2005, one Hardutt Ram son of Munshi Ram by caste Jat resident of Dabri, made a statement before the SHO, Police Station, Bhadra at Govt. Hospital that on 22.09.2005, that when he & his father Munshi Ram were taking 'Hukkd" at the 'Chabutra', his younger brother Fateh Singh (accused) came in a drunken state with lathi and inflicted two lathi blows on the head of his father and when his daughter Anita came to intervene, he inflicted lathi blow on her person also. The motive of the incident as per the statement given by the informant Hardutt Ram, who is brother of accused, was that accused Fateh Singh wanted to sell his land, to which his father was objecting. Upon this report, a case under Ss. 341 & 323 IPC was registered and on 26.09.2005, injured Munshi Ram died in the hospital. Thereafter, the police filed challan against the accused appellant for the offences u/ss. 302,323 and 341 IPC before the learned ACJM, Bhadra, who committed the case to the court of Sessions. Learned trial Judge framed charges against the accused u/ss. 302 and 323 IPC to which he pleaded not guilty and claimed trial. The prosecution examined 11 witnesses. The statement of the accused was recorded u/s. 313 Cr.P.C. He led no defence. After hearing the arguments, the learned trial Judge convicted & sentenced the accused appellant as above.

(3.) It has been contended by the learned counsel for the appellant that he does not want to dispute the incident but his only submission is that this case falls under Sec. 304 Part II IPC and not under Sec. 302 IPC, as according to him, the motive of the incident was that the accused wanted to sell his land, to which deceased Munshi Ram, who was father of accused, objected and as a result, the accused appellant inflicted lathi blows on the head. There was no intention of the accused to kill his father.