LASUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order of conviction recorded by the Sessions Judge, Jalore in Sessions Case No. 40/93 on 29.3.94 by which the appellant was held guilty for causing murder of his 4 years old son and convicting the appellant for offence under section 302 for imprisonment of life and a fine of Rs. 200.00, in default of payment of fine, to undergo simple imprisonment for two months. For offence under section 201 I.RC, the appellant was convicted for five years' rigorous imprisonment and a fine of Rs. 100.00 and in default of payment of fine, to undergo one month's simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) The prosecution story is that a First Information Report (F.I.R.) was lodged in the Police Station on 21.6.93 by one Khangara, father of the accused stating that on 20.6.93 in the evening at about 7, the accused Lasuda carried his son Manchha on his shoulder and was going towards home. Lasuda was in a drunken state and was not able to walk because of drunken condition. In such situation, the son Manchha fell from the shoulder of Lasuda, received injury and died. The F.I.R. was thereafter lodged and the accused was then prosecuted. Eleven witnesses were examined in favour of the prosecution and on appreciation of that evidence, the learned judge came to the conclusion of guilt as aforesaid and sentenced the accused to suffer imprisonment for life. It is this order, which is challenged in this appeal as stated above.

(3.) With the assistance of the learned counsel for the accused and the learned P.P., we have gone through the case record. We have re-appreciated the evidence and have heard the counsel for both parties.