GANESHARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal was admitted by this Court on 22/8/2017. The Secretary, Legal Services Authority of Rajasthan High Court, Jodhpur vide its Order dated 09/13/6/2017 appointed Mr. S.P. Joshi, learned counsel as an Amicus Curiae to contest the present appeal on behalf of the accused-appellant.

(2.) The present criminal jail appeal under Sec. 383 read with Sec. 374(2) of Cr.P.C. has been filed by the appellant through Superintendent, Central Jail, Jodhpur against the judgment of conviction dtd. 25/2/2017 passed by learned Additional Sessions Judge, Sumerpur, District Pali in Sessions Case No. 16/2011 (20/2014) whereby the accused-appellant was convicted for the offence under Sec. 302 of I.P.C. and sentenced to undergo imprisonment for life with fine of Rs.5,000.00 and in default of payment of fine to further undergo one years' additional rigorous imprisonment.

(3.) The prosecution story emanates from a written report (Ex. P/6) filed by Puran Singh (P.W. 2) to the Station House Officer, Police Station Sumerpur, District Pali on 8/6/2011 wherein it was stated that his uncle's son Asupal Singh alias Montu was a labour contractor who was employed at a site in progress at Indra Colony, Jawai Dam. Asupal Singh was not carrying his lunch and therefore he, along with Mahipal Singh and Mahaveer Singh carried the food to the house of Sualal. Asupal Singh was sitting on a cot and his labourers were working at the site. Ganesharam who was resident of Indra Colony, Jawai Dam came to purchase tobacco and was fighting with Asupal. At that time, they counselled Ganesharam and sent him back to his residence. After a while, Ganesharam's wife Teena came around and started quarrelling with Asupal. While they were indulged in the altercation, the accused-appellant stealthily came with an axe and inflicted two blows on Asupal. Asupal ran for some distance and fell on the ground. When Ganesharam was inflicting the axe blows, his wife Teena had caught hold of the hands of Asupal. This incident which happened at around 1.30 P.M., was witnessed by him along with Mahipal Singh (P.W. 11), Mahaveer Singh (P.W. 4), Chunni Lal (P.W. 9) and Mitharam alias Pitha (P.W. 10). The accused Ganesharam ran away from the place of incident along with his wife Teena. Asupal succumbed to the injuries. He reported the matter.