- (1.) INSTANT jail appeal has been preferred by convict/ appellant, Ganesh, through Superintendent, Central Jail, Jaipur in order to assail the judgment of conviction and order of sentence dated 20.04.2007 rendered by the Additional Sessions Judge (Fast Track), Bandikui, Headquarter at Dausa, District Dausa, whereby appellant was convicted for commission of offence punishable under Section 302 of Indian Penal Code, and sentenced, vide a separate order of even date, to undergo life imprisonment and to pay a fine of Rs.3000/ -. In default of payment of fine to further undergo three months additional imprisonment.
(2.) THE case of the prosecution is that on the intervening night of 9th and 10th May, 2006 at about 02:00/03:00 A.M. the appellant by causing injuries with knife in the chest has committed murder of his father, Ghasiram.
(3.) THE criminal proceedings, in the present case, were set into motion, on the basis of written -report (Exhibit -P/2), presented by Babu Lal (PW -2), before Ramesher Lal (PW -12), In -charge, Police Station Nagalrajavtan. In the written -report (Exhibit -P/2), Babulal (PW -2) stated that on 09.05.2006 his relative, namely Ghasi had come to his house to attend marriage of his son, viz. Meetha Lal. On that day, present appellant, Ganesh s/o Ghasi, had also come to attend the marriage. In the night of 09.05.2006 at about 02:00 A.M. everybody retired for bed. At that time, inside guwari (bara), ladies were singing songs. Near the cot of Ghasiram, Prabhudayal, elder brother of complainant, was also sleeping, whereas other guests, which included Ganesh, Ramkhilari (son -in -law of complainant), Ramesh, Chhoturam etc. slept outside the guwari (bara) on the cots. At about 03:00 A.M. in the night, suddenly shrieks of Ghisaram were heard. He was saying that "??? ???? ??? ??? -. Everybody sleeping around, woke up and saw that Ganesh s/o Ghisaram was running towards field. They asked Ghasiram as to what has happened. He told that Ganesh caused injuries with knife. Then persons, who had gathered took care of Ghasiram and arranged for conveyance and some persons ran after Ganesh. Ganesh could not be apprehended due to darkness. He ran from the spot. After some time, Ghasiram died. Accused had given three/four knife blows in the chest of Ghasiram due to which his entire body was soaked in the blood. Ghasiram and Ganesh were having a dispute over a plot situated at Dausa. They were having differences. Due to this, Ganesh without being invited come to marriage and committed alleged offence.;