SAMPAT RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE wretched son indicated for the charge of murder of his old hapless father was convicted in the offence under Section 302 of IPC vide judgment dated 3rd December, 2003 rendered by Additional Sessions Judge (Fast Track) No. 2, Jhalawar and sentenced to imprisonment for life with a fine of Rs. 2000/- and in default of payment of fine to further undergo rigorous imprisonment of one year. Aggrieved with this judgment and order of sentence the accused appellant Sampat Raj has filed this jail appeal.

(2.) THE nub of the prosecution story as revealed by the complainant PW/3 Ratan Lal is that complainant Ratan Lal and the deceased Gopal happened to be real brothers. THE deceased Gopal is survived by three sons namely Sampat Raj, Lekhraj and Rambilas who are living in their separate houses juxtaposed to each other. THE deceased was living with his son Lekh Raj. It is alleged that in the intervening night of 30th and 31st May, 2003 at about 2-3 a. m. the complainant Ratan Lal whose house is situated just adjacent to the house of deceased Gopal, was sleeping out side his house. At that time, he heard screams louding "mar Diya Re, Mujhe Mar Diya Re" of his brother Gopal. Having heard the cry of his brother, he rushed to the Bada of Gopal where he was sleeping. THEre he saw his brother Gopal floundering on the ground. It is further alleged that at that point of time the accused Sampat Raj, son of deceased Gopal, was having a club in his hand and was assaulting his father. Soon thereafter, other sons of deceased, Lekhraj and Rambilas also reached the Bada. When they questioned Sampat Raj as to what was he doing and what all was going on, Sampat Raj, having raised lathi in his hand attempted to kill them also and told that nobody can save them. Inspite of his threat they reached near Gopal, who was bleeding from his head and found him dying in no time. THE S. H. O. Police Station Sarola Kala registered FIR Ex. P/8 on the written complaint Ex. P/2 of Ratan Lal and commenced investigation.

(3.) THE learned trial judge has based the conviction of accused appellant on the evidence of PW/4 Babu Lal, PW/5 Bablu, PW/6 Kanhaiya Lal, PW/7 Lekhraj, PW/8 Rambilas, PW/9 Bhimraj, PW/13 Balkishan IO and PW/17 Dr. Surjeet Singh.