PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant was convicted by the Court of Additional Sessions Judge, Bikaner vide its judgment dated 31.1.1996 in Sessions Case No. 34/94.

(2.) The prosecution was based on F.I.R. No. 50/94 lodged with the Police Station, Deshnok. The accused was challaned and charged under Sec. 302 I.P.C. was framed against him. The prosecution story was that on 1.7.1994 at about 11.30 A.M. the occurrence took place in village Molai Talai Rohi Mauja Keshar Deshar Bohran where the Famine relief work was going on. The accused Prahlad with a stick of three and half feet in length and around three and half inch of width hit deceased Magha Ram twice by virtue of which his parietal bone and occipital bones sustained multiple fractures. His skull got divided into six pieces and within three hours of the incident the injured Magha Ram died. In the evidence no motive was deposed. The learned Additional Sessions Judge vide his judgment has found that the eye-witnesses RW. 4 deposed about the incident and from their evidence the learned Additional Sessions Judge found that the incident has been proved. The learned Trial Court has further held that no particular defence has been taken by the accused. He has pleaded ablibi. The learned Additional Sessions Judge found that the case is squarely covered by clause secondly of Sec. 300 I.P.C. Therefore, the offence under Sec. 302 I.P.C. is made out against the accused and consequently the accused was convicted under Sec. 302 I.P.C. and sentenced to life imprisonment.

(3.) Aggrieved by the judgment of the learned Additional Sessions Judge, the present appeal has been filed by the accused appellant.