KISHANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the Additional Sessions Judge, Sikar convicting appellant Kishna Ram under Section 302, I.P.C. and sentencing him to imprisonment for life, with a fine of Rs. 1,000/ -, in default of payment of fine, to further undergo 6 months simple imprisonment.

(2.) BRIEFLY stated the prosecution case is that at about 2.00 am. on 18 -8 -1984, PW 10 Rameshwar Sharma appeared at Police Station, Sadar Thana, Sikar and presented a written report, Ex. P 14. It was stated there in that at about 10.00 p.m. on 17 -8 -1984 his wife Smt. Mohini aged about 35years along with his minor daughter aged about 2 years were coming from the house of Ratan Lal, where his wife had gone to participate in some function While they were returning the accused drove his truck and crushed Smt. Mohini Devi and her minor daughter. It was also alleged that PW 12 Smt. Pushpa was with Smt. Mohini. The incident was seen by PW 14 Pawan Kumar PW 15 Jhumar Mal and some other persons. It was further alleged in the First Information Report that the appellant and PW 10 Rameshwar were on inimical terms. The appellant had earlier threatened Rameshwar, PW 10 to kill some members of his family. The police registered a case under Section 302, I.P.C. and proceeded with the investigation. The post -mortem examination of the dead bodies of two victims was conducted. The reports are Ex. P1 and Ex. P 2. The accused was arrested and the truck was seized. After when the investigation was over, the police presented a charge sheet against the appellant and one Jhabarmal in the court of Judicial Magistrate, Sikar, who in his turn, committed the case for trial to the court of Sessions. The case came up for trial before the learned Addl. Sessions Judge He framed the charge under Section 302, I.P.C. against the appellant and under Section 302/34, I.P.C. against accused Jhabar Mal. Both of them denied the charges and claimed to be tried. In support of its case, the prosecution examined 17 witnesses and filed some documents. In defence, the accused examined 2 witnesses. On the conclusion of trial, the learned Additional Sessions Judge found no incriminating material as against accused Jhabar Mal to connect him with the deaths of two victims. He was consequently acquitted of the offence he was charged with. The learned Additional Sessions Judge however found the charge duly established against appellant Kishna Ram. Kishna Ram was, therefore, convicted and sentenced as mentioned at the very out -set. Aggrieved against his conviction, Kishna Ram has come up in appeal.

(3.) IN assailing the conviction, it was vehemently contended by Mr. Dhanker that a case of death by rash and negligent act has been converted into that under Section 302, I.P.C. It was contended that the motive alleged does not stand proved and if at all it is taken as proved, it was wholly insufficient and inadequate to push the appellant to commit the murder of Smt. Mohini and her minor daughter.