JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has filed the present criminal appeal under Section 374(2) of Cr.P.C. against impugned Judgment and Order dated 23.05.2011 passed by the Additional Sessions Judge, Nagaur in Sessions Case No. 49/2011 (State of Rajasthan Vs. Jagdish) vide which he was convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 5,000/- and in default of payment of fine to further undergo one year R.I.

(2.) The case of the prosecution is that the complainant Sukharam (P.W. 16) submitted the written report (Ex.P/6) on 18.06.2009 stating therein that he had gone to Khari along with his wife for work. While they were away, his daughters, namely, Manohari, Jasu, Baya and Neeru and his son Jagdish stayed back in the house. He received a telephone in the morning of 18.06.2009 from the shop of one Ramavatar that one Jagdish son of Hajari Ram Nayak had inflicted injury on the head of his son Jagdish with the lathi. He asked for the vehicle to be sent to him to pick him up. One Nem Singh came to pick him up in his pickup van. Both the complainant and his wife reached the village. On reaching, he found that body of his son Jagdish was lying in the courtyard with injury on his head. His daughter Manohari told him that at about 9.30 in the night of 17.06.2009, Jagdish son of Hajari Ram hit their son Jagdish on his head with lathi. Having received grievous injury, he fell down unconscious. Loduram and Bhikaram took him to the hospital in Nagaur for treatment. He was discharged from the hospital same day after receiving the treatment. However, he died on his way. The said incident was seen by his daughters Manohari and Baya, wife of Loduram, Geeta wife of Gajaram, Radha daughter of Gajaram, Jalaram son of Gajaram and Loduram. Accordingly, an F.I.R. No. 28/2009 was registered at Police Station Khatu Bari, District Nagaur for the offence under Section 302 of I.P.C. on 18.06.2009 and the police started the investigation.

(3.) After investigation, challan was filed against the appellant for the offence under Section 302 of I.P.C. The charges were also framed against the appellant for the said offence. During the trial, the prosecution produced as many as 25 witnesses and exhibited 25 documents along with 11 Articles in support of their case. The statement of the accused was recorded under Section 313 of Cr.P.C. No statement was recorded from the side of the defence except two documents, which were got exhibited. On conclusion of the trial, the trial court convicted the accused-appellant for the offence under Section 302 of I.P.C. vide Judgment dated 205.2011 and sentenced him as stated above.