VINIT @ TINKU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) the accused-appellant - Vinit @ Tinku Soni was summoned from the Central Jail, Udaipur because Mr. Deepak Menaria, learned counsel representing the accused-appellant pleaded no instructions. On 04.04.2019, the accused-appellant was produced before this Court and stated that he did not have means to engage a counsel to argue his appeal because of his indigent status. In the circumstances, Mr. Kaluram Bhati was appointed as Amicus Curiae to assist this Court in the appeal.

(2.) The present criminal appeal has been preferred by the accused-appellant against the Judgment dated 01.02.2014 passed by the learned Additional Sessions Judge No. 2, Udaipur in Sessions Case No.30/2013 (State V/s Vinit) whereby the accused- appellant was convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 25,000/- and in default of payment of fine to further undergo one year's simple imprisonment.

(3.) In nutshell, the prosecution case emanates from a written report (Ex.P./1) submitted to the SHO, Police Station Gantaghar, District Udaipur by one Jai Prakash Soni (P.W. 1) on 28.01.2011 to the effect that his father-in-law Rodilal, who was 70 years of age, was staying with his son Vinit alias Tinku in the house of Balkrishan Paliwal situated in Kothariyon Ki Gali. At around 8:00 A.M., the neighbour and landlord Balkrishan informed him that his father-in-law Rodilal was lying on the floor in a pool of blood. Upon getting this information, he and his wife reached at the place of incident and saw his father-in-law Rodilal having injury on his head and was profusely bleeding. His clothes were drenched in blood. He and his wife took help of some neighbors and got Rodilal admitted in the hospital. His brother-in-law Vinit was missing from the house. He was totally convinced that his father-in-law was assaulted by his son Vinit with intention to kill him. He believed so for the reason that Vinit had assaulted his father-in- law in the past as well.