KALU RAM @ JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal under Sec. 374(2) has been preferred by the appellant against the judgment dtd. 22/11/2011 passed by learned Additional Session Judge (Fast Track) No.1, Hanumangarh in Sessions Case No.34/2010, whereby the accused-appellant has been convicted for the offence under Sec. 302 of 1. P.C. and sentenced to undergo life imprisonment with fine of Rs.10,000.00, in default of payment of fine to further undergo six months simple imprisonment.

(2.) The prosecution case as unfolded in the complaint dtd. 14/8/2010 submitted by Bishna Ram (P.W. 11) to the Station House Officer, Police Station Sadar, Hanumangarh stating therein that his sister Jeewani Devi was married to Kalu Ram Naik at village Dabli Rathan 20 years ago. She had four children i.e. three daughters and one son. Eldest girl was 15-16 years of age. His brother in law Kalu Ram was staying with his family in a separate home from his brothers. He often assaulted his sister Jeewani Devi and the kids after consuming liquor. On 13/8/2010 at around 6:00 pm, neighbor of his sister called his brother Om Prakash that Kalu Ram had assaulted his sister Jeewani Devi by an axe. His brother called his niece Neetu who informed that her father i.e. accused Kalu Ram had assaulted her mother by an axe causing grievous injuries on the head, hand and near ear resulting into profuse bleeding from her body. Her uncle Chunni Lal and Bisna Ram had taken Jeewani Devi to Hanumangarh Hospital in a Jeep. Chunni Lal informed his brother Lal Chand on telephone that Jeewani Devi had suffered grievous injuries and her condition was precarious and that the doctors had referred her to Bikaner. He requested them to come to Bikaner. On getting this information, the complainant, his brother Lal chand and his wife Soni Devi reached Bikaner in the morning and met Chunni Lal in the hospital, who informed them that Jeewani Devi had passed away and her dead body was kept in the mortuary. When he, his wife and brother saw body of Jeewani Devi, her entire body was bandaged and blood was oozing out from her head. Her sister had been assaulted and killed by accused Kalu Ram by an axe for no reason whatsoever.

(3.) On the aforesaid complaint, a formal FIR No.240/2010 was registered at Police Station, Sadar, Hanumangarh against the accused appellant for the offence under Sec. 302 IPC. After completion of investigation, the police filed a charge-sheet against the accused appellant for the offence under Sec. 302 IPC.