NAVRATAN NAURATMAL BHARGAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the accused-appellant against the judgment and order of conviction dated 08.12.2017 passed by the learned Additional Sessions Judge No. 2, Nagaur in Sessions Case No. 35/2015 whereby the accused-appellant has been convicted and sentenced as under :- Offence Sentence

(2.) The prosecution story emanates from a written report (Ex.P/8) filed by one Gajendra (P.W. 9), son of the deceased, Gyanchand, wherein he alleged that on 06.11.2010 at 8.00 A.M., his father Gyanchand Bhargav was called by Navratan who came to his house and took away his father with him at his residence. When his father did not return, he went to the house of Navratan at around 4.00 P.M. who, threatened him with a knife and bolted the gate of his house from inside. He came back to his house and called his uncle Dharmaram. Both of them went to the house of Navratan at around 5.00 P.M. At that time, the gate of his house was open. They went inside and saw that Navratan was holding a knife in his hand and assaulting his father with a knife and inflicted stab wounds on his chest and neck. When they raised a hue and cry, Navratan went up to the terrace of his house and threw a big stone on his uncle, who sustained injuries on his right shoulder and hand. He went up the terrace and tried to catch hold of Navratan, who jumped down and sustained some injuries. Thereafter, the police was informed and 108 Ambulance was called. The accused was taken to the hospital in the Ambulance. He, his uncle Hansraj and Dharmaram, Kishore Bhargav and Vinod etc. took his father to the hospital, where he was declared dead.

(3.) On this report, a formal F.I.R.No. 531/2010 was registered at Police Station Kotwali, Nagaur for the offences under Sections 302, 336 & 323 of I.P.C. against the accused-appellant. During the course of investigation, the police arrested the accusedappellant on 07.11.2010.