GEHRILAL Vs. STATE

JUDGEMENT

(1.) The appellant Gehrilal stands convicted vide judgment dated 21.02.2013 passed by the Sessions Judge, Pratapgarh in Sessions Case No.21/2010 for the offence under Section 302 IPC and sentenced to undergo life term imprisonment for life alongwith a fine of Rs.5000/- and in default of payment of fine, further to undergo three month's rigorous imprisonment.

(2.) Being aggrieved of his conviction and sentence, the convict has preferred the instant appeal, through jail. The appeal was delayed. The delay was condoned and Mr. Ashok Kumar, Advocate, was appointed as Amicus Curiae to argue to the case on behalf of the convict.

(3.) Brief facts of the case are that P.W.1 Vikram S/o Radheyshyam Meena submitted a written report (Ex.P/1) to the Station House Officer, Police Station Chhoti Sadari, Camp Achalpura on 07.10.2009 at about 12.30 a.m. alleging inter alia that on 06.10.2009, Devi Lal S/o Unkarlal Meena came around at about 11 o'clock and informed him that Gehrilal was assaulting the informant's father Shri Radheyshyam by lathis and stones at the Mahadev Chauraha, Achalpura. On receiving this information, four persons including the first informant and Devilal rushed towards the Mahadev Chauraha and saw Gehrilal inflicting a lathi blow on the head of Radheyshyam due to which, he fell down. While Radheyshyam was lying down, the accused crushed the head of Radheyshyam, by a stone due to which he became unconscious and blood started oozing out of his wounds. The informant and his companions tried to catch hold of Gehrilal, but he escaped. It was further stated that Nandlal S/o Prabhulal and Bherulal S/o Nathuji Meena were sitting nearby and they also witnessed the incident. It was also alleged in the written report that the informant's father and the deceased Gehrilal were having a longstanding property dispute with each other and due to this enmity, Gehrilal fatally assaulted his father leading to his instantaneous death. The informant categorically mentioned in the report that he alongwith Ratan, Devilal, Babulal and Jeevan put the dead body of his father on a cot and carried it to their house. The informant contacted the Sarpanch Chainram, who called police police. The SHO, Police Station Chhoti Sadari reached the scene of occurrence, upon which, the FIR was submitted to him. On the basis of this report, FIR No.216/2009 was registered at the Police Station Chhoti Sadari and investigation was commenced.