HANUMAN PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under section 374(2) of the Code of Criminal Procedure has been filed against the judgment and order dated 29th June, 2002 passed by the Additional Sessions Judge (Fast Track) No.2, Kota in Sessions Case No. 12/2002 by which the accused-appellant has been convicted and sentenced for the offence under sections 302 Penal Code for imprisonment of life and a fine of Rs.1000.00, in default of payment of fine to further undergo one month rigorous imprisonment.

(2.) Briefly stated the facts of the case are that on 30th Dec., 2001 at about 8.45 a.m. PW-3 Shrilal son of Bissa by caste Bairwa lodged an oral report Ex.P-4 in the police station Udyog Nagar, Kota alleging therein that on 30th Dec., 2001 in the morning at about 8.00 a.m. while he along with his family members Birma, Murti, Kanchan Bai, Sugna Bai and his son Hanuman and Chhotulal Khatik, was sitting in front of the house in village Borkhandi, at that time near the road Ram dayal, the deceased was getting her daughter eased, suddenly, accused appellant Hanuman son of Gopilal came with a kulhadi (axe) in his hand and without telling anything gave a blow on the back side of the head of Ram dayal as a result of which Ram Dayal died. It has also been alleged that the incident was seen by above persons. The deceased Ramdayal was thereafter taken to the hospital in the jeep by Chhotulal and Shyamlal. It was also stated that the villagers caught the accused along with an axe. On the above report, FIR No.406/2001 was registered at the police station for the offence under section 302 Penal Code and investigation commenced. During the course of investigation autopsy on the dead-body was done by PW-11 Dr. P.K. Tiwari and post-mortem report is Ex.P-1. Necessary memos Ex.P-2 Panchayatnama, P-3 Seizure memo of blood stained clothes of deceased Ramdayal, Ex.P-5 site plan with description, Ex.P-6 seizure memo of blood smeared soil and simple soil from the place of occurrence, Ex.P-7 memo regarding photographs of the place of occurrence were prepared. Accused appellant was arrested vide memo Ex.P-8 on 30.12.2001. Recovery memo Ex.P-9 was prepared. After post-mortem deadbody of the deceased was handed over to his relatives. The controlled soil and blood smeared soil, clothes of the deceased were sent to the FSL. FSL report Ex.P-12, in due course of time was received. On shirt, jarsi, blood swab and blood smeared soil and kulhari blood group 'B' was found which was of the deceased. Photo-graphs Ex.P-13 to P-15 were taken at the spot. Negative of the photo-graphs are Ex.P-13A to P-15A. After completion of investigation, charge-sheet was filed under section 302 Penal Code before the concerned Magistrate who committed the case to the court of Sessions and ultimately the matter came for trial before the Additional Sessions Judge (Fast Track) No.2, Kota who framed charge under section 302 I.P.C. against the accused appellant. The accused denied the charge and claimed trial. In support of its case, the prosecution examined as many as 17 witnesses. In the statement recorded under section 313 Crimial P.C., the accused denied the allegations and stated that the deceased was tenant in his house and several out-siders used to come to him which was objected but the deceased did not accept the advise, therefore, the house was got vacated from him and on account of this enmity he has falsely been implicated in the case. In defence the accused examined DW-1 Durga Shanker. The learned trial court after hearing final submissions, convicted and sentenced the accused as aforesaid.

(3.) We have heard learned counsel for the appellant as well as learned public prosecutor for the State and carefully perused the material available on record.