JAIN, J. - (1.) AFTER investigation of FIR No.15/2005 registered at Police Station Abu Road Sadar District Sirohi under section 302 IPC, the Police filed a charge sheet against the accused -appellant Prabhu Ram under section 302 IPC and after the trial, sessions case No.27/2005 (old 13/2005) was decided on 07.02.2007 by the Additional Sessions Judge (Fast Track), Sirohi, Camp at Abu Road, and the accused -appellant was convicted and sentenced to life imprisonment under section 302 of IPC with a fine of Rs.5000/ - and in default of payment of fine, he was directed further to undergo one year's additional imprisonment.
(2.) THE accused -appellant was arrested in this case on 12.01.2005 and since then he is in custody. The Jail Appeal was filed on behalf of the accused - appellant Prabhu Ram and Mr.Abdul Ajij Khan, Advocate was appointed as an Amicus Curiae to represent the case on behalf of the accused -appellant.
(3.) THE accused -appellant has allegedly brutally killed his own mother Mst Dhapu Devi. An FIR against him was lodged by his younger brother Chunni Lal. In the FIR, it was mentioned that in the night at 11:00 PM, when he was sleeping in his "Guwadi" then in the neighbouring portion of the "Guwadi", he heard cries of his mother. He rushed to the portion of the "Guwadi" where his mother was living with his brother accused -appellant Prabhu Ram. He saw Prabhu Ram was having a thick "Latth" in his hand and his mother was lying on the ground soiled with blood. In the FIR, it was also mentioned that Chunni Lal wanted to control Prabhu Ram then Prabhu Ram tried to attack him also. It has further been mentioned in the FIR that on listening hues and cries of Chunni Lal, his other relatives namely Shankar and Sava also reached the spot but Prabhu Ram threatened to kill them also and then Prabhu Ram escaped and ran away from the "Guwadi" leaving his mother lying on the floor whose brain had come out from her body.;