GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Case of the prosecution, in nutshell, is that on 28.9.2012 at about 3.00 PM accused-appellant Ghanshyam gave beating to his father Modulal resulting into his death. For the above said offence, charge under Section 302 IPC was framed against the appellant. The appellant pleaded not guilty and claimed trial. The court of Additional Sessions Judge No.1, Kota, vide impugned judgment dated 07.02.2017 held the appellant to be guilty of offence under Section 302 IPC and vide a separate order of even date sentenced him to undergo life imprisonment and to pay a fine of Rs.10,000/- in default thereof, to undergo six months additional rigorous imprisonment. Aggrieved against his conviction and sentence, the appellant has filed appeal through Jail.

(2.) After filing of appeal through Jail, Shri Govind Prasad Rawat filed Vakalatnama on behalf of the appellant. Criminal Proceedings in the present case were set into motion on presentation of written report (Ex.P.1) by Sushila Bai (PW.1) wife of the appellant. On the basis of written report (Ex.P.1), formal FIR (Ex.P.2) bearing No.1252012 was registered at Police Station Ayana, District Kota Rural for offences under Sections 307, 323 IPC.

(3.) At the time of occurrence, Sushila Bai (PW.1) complainant alongwith her daughter Pooja (PW.4) had gone out of the house to do labour work.