RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed challenging the judgment dated 14.05.2011 passed by learned Sessions Judge, Pratapgarh in Sessions Case No. 77/2010 whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced him for life imprisonment for offence under section 302 IPC with a fine of Rs. 5,000/-, in default of payment of fine to further undergo one year rigorous imprisonment.

(2.) In short, the prosecution story as revealed from the complaint is that on 10.08.2010, Amba Lal Meena submitted a written report to the Station House Officer, Police Station, Pratapgarh stating therein that he has five sons amongst whom he has done equal distribution of his property (land). His third son Ram Lal is staying separately for last 1015 years. Every other day, after consuming liquor, Ram Lal abuses him and demands more land from him. He, therefore, tried to counsel him a number of times but all in vain. Today i.e. on 10.08.2010, at around 5 O' Clock, he along with his son Jagdish, wife Sunder Bai, grandson Dinesh and nephew kanhaiya Lal were working on their field located near the pond, his son Ram Lal came there and started abusing him and his son Jagdish. He had a knife in his hand. He attacked them with knife and when his son Jagdish tried to intervene, he was given a knife blow in his chest by Ram Lal due to which Jagdish sustained a knife injury. Ram Lal ran away from the spot along with the knife. Thereafter, Jagdish became unconscious and he was taken to Pratapgarh Hospital where the doctors declared him dead. Jagdish died because of knife blow given by Ram Lal.

(3.) On this report, a formal FIR No. 301/2010 was registered and investigation was conducted. The police filed challan against the accused appellant for the offence under section 302 IPC.