BHAVAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374(2) Cr.P.C. has been preferred by the appellant Bhavan against the judgment dated 22/08/2013, passed by learned Sessions Judge, Banswara in Sessions Case No.151/2011, whereby the accused-appellant has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 5,000/-, in default of payment of fine further to undergo two months simple imprisonment.

(2.) A verbal information (Ex.P.8) was given by Hukiya @ Sukh Lal (PW.3) to the SHO, Police Station Aabapura at Village Goda on 27/10/2011 alleging interalia that after having dinner, his father Gendal went to the Well situated in their field. It was a routine that his father used to sleep in their agriculture field near the Well and used to come back at 5 a.m. in the morning. When his father did not return home, he went and looked for his father but could not find him. His mother also joined him in the search and found that near the newly instituted tubewell, his father was lying on the cot with a bed-sheet covering his body and face. On removing the same, they saw that there were injuries by sharp edged weapon and his face was ensanguined. Immediately, the other members of the family were informed on telephone. Ramanlal and other persons staying in the vicinity came on the spot and the police were informed. The previous year, electric motor of Naaku was stolen during the Gotiya Aamba Fair and the allegation of the same was foisted upon his father Gendal. 8 days' ago, Naaku called the Panchayat of the village and they entered a compromise wherein Rs.11,000/- were agreed to be paid by his father to Naaku within a period of fifteen days. On the same day, the present appellant had fought with his father Gendal and had threatened to kill him by throwing him in the Well. He suspected that the present appellant and Naaku inflicted injuries by sharp edged weapon to his father and murdered him.

(3.) On the aforesaid verbal information, a formal FIR No.166/2011 was registered against the accused for the offence under Section 302 IPC at the Police Station Aabapura, District Banswara.