- (1.) THIS DB Cr. Appeal under Section 374 Cr.P.C., has been filed against the judgment dated dated 12.9.2007 passed by Additional Sessions Judge (Fast Track) No.1, Beawar Distt. Ajmer in Sessions Case No. 17/2005 (16/2005) whereby the present appellant has been convicted and sentenced as under: - under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 5000/ - each. In default of payment of fine to further undergo six months' simple imprisonment.
(2.) THE short facts of the case as per the prosecution is that on 8.1.2005 at about 10.30 PM, Mohan Ram PW/3 brother of the appellant has lodged a written report Ex.P/10 to SHO Police Station Jwaja Distt. Ajmer with the contention that on 8.1.2005 after 10.00 PM, his younger brother Gheesa Ram came in highly drunken state and started quarreling with his wife Manju and started beating the children. Manju came to call him stating that Gheesa Ram is giving beating to the children. He and his wife Geeta and Manju all rushed to the house of Gheesa Ram. There they saw that Gheesa Ram appellant is inflicting injuries to both the children Rahul aged 5 years and Sushil 8 months with Kulhari and on seeing them appellant ran away after throwing Axe. On this report, formal First Information Report was registered. After usual investigation, charge sheet has been filed against the appellant for the offence under Sections 302 IPC. The case was committed and tried by Additional Sessions Judge (Fast Track) No.1, Beawar Distt. Ajmer.
(3.) THE charges have been framed against the appellant for the offences under Sections 302 IPC which were denied by the accused person and claimed to be tried. Prosecution has examined PW/1 Bheru Singh, PW/2 Purshottam, PW/3 Mohan Ram, PW/4 Madan Lal, PW/5 Smt. Geeta, PW/6 Moti Ram, PW/7 Dr. Madhusudhan Tak, PW/8 Smt. Manju, PW/9 Smt. Kanchan Devi, PW/10 Mangilal, PW/11 Peerulal, PW/12 Shiv Singh, PW/13 Pankaj Naruka, PW/14 Hajari, PW/15 Ganga Ram and PW/16 Kamlesh and produced Ex. P/1 to P/45. Appellant has been examined under Section 313 Cr.P.C. and in defence appellant has examined DW/1 Sanju Meghwal, appellant Gheesa Ram was examined as DW/2 and Narendra Kumar was examined as DW/3. After conclusion of trial, the present appellant has been convicted and sentenced as indicated above. Hence this appeal has been preferred.;