PRAHLAD MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal arises out of judgment of the learned Sessions Judge, Tonk holding the appellant guilty of the offence under Sec. 302, IPC, and sentencing him to undergo imprisonment for life.

(2.) On a written report (Ex. P. 6) lodged by Banjya (PW. 5) on 12.12.1986, a criminal case (F.I.R. No. 84/86) was registered at police station Duni (Tonk) for offence under Sec. 302, IPC. The report was lodged at 7.30 A.M. on 12.12.1986. In that report, it had been stated that on 12.12.86 at 6 A.M. in the morning, Banjya's wife told that she and her son, Ram Sahay, both, had gone to search their she-buffalow and when they went near well of Ramnarain, they asked the appellant for the whereabouts of their she-buffalo but the appellant instead of giving any information about she-buffalo, started abusing them; that even then informant's wife and son did not show any resentment bus, the appellant suddenly brunted by an axe on Banjya's wife, who escaped herself from blow by stepping back thereby the brunt did not lay on her person; and that, the appellant thereafter landed second brunt which hit head of the informant's son, thereby his son sustained injuries and died on the spot. According to the F.I.R. the informant's wife then came to him and narrated the incident and said that dead body of their son laid in the field of Prahlad appellant). It had also been alleged in the report that, on the day of incident, Ramsahay (informant's son) woken up early in the morning and went to graze their she-buffalo but it was not found and thereafter, his son and wife went in its search.

(3.) The appellant was arrested on 12.12.1986. After completion of the investigation, challan was submitted. Learned trial Court framed charge of Sec. 302, IPC, against the appellant who denied the charge and claimed to be tried. In all 13 witnesses have been examined to fortify the allegation of charge. The appellant was examined under Sec. 313, Crimial P.C. and he produced Lala in his defence as DW l. After hearing the parties, learned trial court passed the judgment convicting and sentencing the appellant, as stated in first para of this judgment. Hence this appeal.