VIKRAM KHATRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal D.B. Appeal has been filed by the accused appellant against the judgment/order dated 23.1.95 passed by the Additional Sessions Judge No. 1, Jaipur City in Sessions Case No. 52/94 State Vs. Vikram Khatri whereby the accused has been convicted for the offence punishable under Sec. 302 Penal Code and sentenced to life imprisonment and a fine of Rs. 1,000.00, in default to undergo further simple imprisonment for a period of one month.

(2.) In brief, the facts of the prosecution case are that verbal report was lodged by PW 1 Banshi at Police Station, Subhash Chowk, Jaipur on 13.10.93 at 10.00 RM. to the effect that about 9.15-9.30 RM. he was standing on the Balcony of his house, his father Shobhraj was standing in courtyard. His sister Vidhya was married to Vikram (accused-appellant) about six years ago. Accused has deserted her four years ago. Therefore, she was residing with her parents. Accused used to come their house just to harass Vidhya and other family members. On the day of incident i.e. on 13.10.93 accused had come to the, house of informant and entered into verbal altercation with his father and threatened with dyre consequences in case his son is not handed over to him. Upon hearing the noise informant came down from Balcony to chowk where accused was quarrelling with his father. When he tried to take away his father, accused took out a knife from his pocket and stabbed complainant's father between the stomach and ribs as a result of which Shobhraj started bleeding. Accused thereafter ran away with knife. The complainant and his friend Laxman chased but could not apprehend him. When he returned to his house his father was being taken to hospital by Shri Shyam Singh. He along with his friend Laxman had come to lodge the report. On the basis of this report a criminal case FIR 58/93 was registered for the offence under Sec. 307 IPC. After some time Shobhraj died. Therefore, the case was converted into offence punishable under Sec. 302 IPC. The investigating officer commenced investigation. Site plan, panchayatnama were prepared. Blood stained soil and clothes of deceased were seized. Post mortem was conducted. Statements of witnesses were recorded. Accused was arrested. His knife was recovered from his possession. His room in hotel was also serched where he was staying. After completing the investigation a charge sheet in the court of Additional Chief Judicial Magistrate No. 5, Jaipur City was filed who committed the case for trial to the court of Sessions Judge, Jaipur City who transferred it to additional Sessions Judge No. 1, Jaipur City for trial.

(3.) After hearing the arguments of Public Prosecutor and counsel for accused charge under Sec. 302 Penal Code for committing murder of Shobhraj was framed. Accused pleaded not guilty and claimed trial.