MANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the appellant, against the judgment of the learned Sessions Judge, Udaipur cit. 24.4.2003, convicting the appellant for offence under Section 302 I.P.C., and sentencing him to undergo imprisonment for life, and a fine of Rs. 100/, and in default of payment of fine to undergo seven days rigorous imprisonment.

(2.) The necessary facts are, that according to the prosecution, on 28.2.2002, Rupa Bai (PW-1) gave an oral report to the police in M.B. Hospital, Udaipur, to the effect, that at about 9.30 in the morning, the appellant who is their neighbour was harassing her mother in law, the deceased Deu Bai, on the pretext, that she is a witch. Being fed up with the harassment, at about 12 in the noon the deceased went to the Police Station to lodge the report, and in that process, when she reached near Bawari of Samiti, the accused came from behind, and threw a big stone on her head as a result of which the victim fell down. Thereafter the accused inflicted more injuries with stones, one of which landed on ear, and other on the leg. At that time Jamna, her younger sister in law (Devrani) PW-2 also came. The victim fell unconscious. Then, they telephoned to their respective husbands. Then, the victim was carried to hospital, where she died. On this report a case for the offence under Section 302 I.P.C. was registered. Necessary investigation was conducted, including post mortem examination etc., and ultimately challan was filed, where-from the case was committed. The learned trial Court charged the accused for the offence under Section 302 I.P.C., who denied the offence, and took a stand of being falsely implicated.

(3.) During trial the prosecution examined 9 witnesses, which include PW,1 Rupa Bai and PW-2 Jamna, the daughters in law of the deceased, being eye-witnesses, PW-3 Bheru Lal and PW-5 Ganesh Lai, being their respective husbands, then PW-4 Dev Kishan Sharma, being the carrier, PW-6 Mana Gameti being the Motbir of recovery, PW-7 Dr. Anis Ahmed being the doctor, who conducted the post mortem, and PW-9 Akhilesh Tripathi the Investigation Officer. After so completing the trial, the learned trial Court convicted, and sentenced the accused as above.