LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is Jail Appeal under Section 383 Cr.P.C. by the accused appellant Laxman against the judgment dated 17.1.2003 passed by Additional Sessions Judge, Banswara in Sessions Case No.111/2001 whereby the accused appellant was convicted under Section 302 and 450 I.P.C. and was sentenced to undergo life imprisonment and to pay a fine of Rs.5000/-; in default of payment of fine to further undergo 2 years imprisonment and for offence under Section 450 I.P.C. he was sentenced to undergo 2 years rigorous imprisonment and to pay fine of Rs.500/-; in default of payment of fine to further undergo 15 days imprisonment.

(2.) Briefly stated the facts as narrated by the prosecution are that on 22.5.2001 a written complaint was lodged by one Lalu stating inter-alia that on 21.5.2001 at about 7.30 p.m. when he along with his father were in the house, one Phool Ji and one more person brought accused Laxman to their house. It was revealed by them that Laxman was making quarrel at there place so they have brought Laxman because none is available at Laxman's house. By leaving Laxman at their residence they both went away. Laxman was served with tea and his father was making him understand not to quarrel. Laxman immediately rose and picked up a 'geti' which was lying in the chowk of the house and inflicted injury on the head of his father. On making hue and cry by him and his wife, Lawa and Bada came on the spot and caught hold of Laxman and tied him with the rope. His father died because of said injury.

(3.) On this information regular investigation was conducted and challan under Sections 302 and 450 I.P.C. was filed.