RAVJI S/O JEEVANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been preferred by accused-appellant Ravji s/o Jeevna against the judgment dated 17.02.2011 passed by the learned Additional Sessions Judge (Fast Track), Banswara, District Banswara in Sessions Case No.36/2010. The accused-appellant has been convicted for the offences under Sections 459 and 302 IPC and was sentenced as under:

(2.) Before we ratiocinate on the relevant evidence available on record in the form of statements of witnesses, post-mortem report as well as the report of Forensic Science Laboratory and all other relevant documents, we consider it apt and expedient to briefly set out the facts, so far as they are relevant and indispensable for the present adjudication.

(3.) On 15.05.2010, an oral information was received by the Ambapura Police Station, District Banswara that at about 05:00 a.m., deceased Champa w/o Kanti had been attacked by accused-appellant Ravji by a sword. Further, the information was to the effect that Champa was lying in her house, while the neighbouring persons, including Deva, Thavra, Hoorji, Roopa, Mana came to the spot. When Champa was asked about the incident, she told them that she was preparing to make chapatis, when at about 04:45 a.m., Ravji s/o Jeevna, b/c Katija Adiwasi, r/o Nalda Talaab came with a sword in his hand and unauthorizedly entered into the house of Champa. On opposing his presence, Ravji attacked Champa with the sword and gave a blow above the neck on the head, which resulted into injuries to Champa. While trying to defend herself, Champa also received injuries in the palm of her hand. The husband of Champa was a labour in Kuwait for last five years and also her four sons were away for attending some marriage, and therefore, Champa was alone in her home.