SHANKER LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed to challenge the judgment dated 22.02.2011 passed by the Additional District and Sessions Judge (FT), Banswara in Sessions Case No. 58/2009 whereby the appellant has been convicted for the offence under section 302 IPC and sentenced for life imprisonment with fine of Rs. 1000/- and in default of payment of fine to further undergo one month rigorous imprisonment.

(2.) Briefly, facts in the matter are that a complaint was filed by Smt. Pari to the Circle Inspector, Police Station-Khamera District Banswara on 08.08.2009 stating therein that her son Shanker S/o Gang Ji was married to one Ujala @ Unja Daughter of Sohan Dholi, resident of Hero for the last 4-5 years. From the wedlock, their son namely Vakil was born. Presently, age of Vakil is three years. For past 5-6 months, the relationship between Shanker and his wife Ujala @ Uunja were not cordial and therefore, Ujala @ Unja had gone to her parents house and staying there. Today, i.e. on 08.08.2009 at around 07:00 am while the complainant and her husband along with her brother-in-law Kaliya were at home, the accused Shanker took away his son Vakil for bathing and morning routine to the nearby river through trail. After some time, when her son Shanker and Vakil did not return, she went to the river to search both Shanker and Vakil and when she could not find both of them on the river then while looking out for both, she saw beheaded body of Vakil in the bushes nearby. After this when she cried, brother-in-law Kaliya, father-in-law Nanka reached the spot along with other persons of the village. Thereafter, she took out the dead body of Vakil from the bushes and kept the same on the bank of the river. She further stated that her son Shanker killed his son Vakil by beheading. Hence, she reports.

(3.) On this complaint, the police registered an FIR under section 302 IPC and investigated the matter. The accused-appellant was arrested on the same day. After investigation, the police filed challan under section 302 IPC against the accused-petitioner.