PURAN RAM @ KIDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this Appeal, filed under Section 374 of the code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 6.6.2002 rendered in Sessions Case No. 139/2001 by the learned Additional Sessions Judge (Fast Track), Hanumangarh by which sole appellant ('accused' for short) has been convicted for commission of the offence punishable under Sections 302 and 498 -A IPC ('IPC' for short) and sentenced to imprisonment for life and fine of Rs. 1,000/ - in default of payment of fine to further under go two months imprisonment for offence under Section 302 IPC and sentenced to three years simple imprisonment and fine of Rs. 500/ - and in default of payment of fine to further undergo one month simple imprisonment for offence under Section 498 -A IPC. It is also ordered that both the sentences shall run concurrently.

(2.) THE prosecution case as disclosed from the FIR and unfolded during trial is as under:

(3.) PER contra, learned Public Prosecutor has supported the impugned judgment and order through out. According to him, there is no illegality or infirmities committed by the trial Court in passing the order of sentence and conviction. There is an ample evidence in the nature of dying declaration recorded by the Judicial Magistrate. There is also evidence of child witness who is son of deceased as well as accused and he has no reason to give false statement against his father, therefore, his evidence is also trustworthy and reliance can be placed on his evidence. On the aforesaid premises according to him, there is no substance in this appeal and, therefore, the appeal being devoid of any merits may be dismissed by confirming the impugned judgment and order. He, therefore, urged to dismiss the appeal.