LAXMAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant accused is convicted for the offence under Sec. 302, Penal Code and sentence to life imprisonment and fine of Rs.1,000.00 in default 3 months' R.I. by judgment and order dated 12.02.2002 of Sessions Judge, Dungarpur, in Sessions Case No.54/2000. This appeal is preferred, challenging the conviction and sentence.

(2.) Brief relevant alleged facts as per prosecution appears to be that on March 20, 2000, at 6.30 p.m., at General Hospital, Dungapur, one Smt. Shanta w/o. Kalu handed over a written report Ex. P-1 bearing her thumb impression to Sub-Inspector, Dulichand (P.W.10), stating that on that day, i.e., March 20, 2000, on the festival of 'Dhulandi' (Holi of colours), her husband Kalu went around 10 - 11 a.m. to village for playing "Gair" and, after coming back at around 3 O'clock, was asleep on a cot, then about half an hour later, came Manilal and behind him, his wife Smt. Amari and sons Laxman and Tulsiram - Maniram telling Kalu as to how he abused his son, inflicted two slaps to Kalu and took out a knife and stabbed her husband Kalu on various parts of body, whereas Tulsiram kicked and Amri slapped to Kalu. It was also stated that on hearing shouts, Smt. Ganga w/o. Gatu came who and complainant Shanta intervened, but beating continued - hearing noise & shouts, Gatu and Laxman reached, who carried her husband Kalu to Dungarpur Hospital, where he died. On basis of this information, FIR No. 84/2000 registered at P.S. for the offence of Sec. 302 read with Sec. 34, IPC.

(3.) In course of investigation, on next day 21.03.2000 memo of appearance of body of deceased (Ex. P-5) was prepared at 7.45 a.m. - site inspected at 10.30 a.m. memo being Ex.P-2 where in the compound of the house, blood was lying, sample of that blood soil and plain soil collected - packets marked is 'B' and 'C' memo is Ex. P-8. Post Mortem conducted on March 21,2000 between 9.30 to 10.45 a.m. - report is Ex. P-12 and deceased had stab two stab wounds on right coastal and memory gland auxiliary region - liver spleen punctured - death occurred as a consequence thereof. Blood stained clothes of deceased - shirt and Dhoti handed over by his wife were seized and sealed vide memo Ex.P-7 and packet marked 'A'. Manilal, Amari arrested on March 22th, 2000 and Laxman arrested on March 31, 2000 at 2 O'clock afternoon vide memo Ex. P-10. Information provided by the appellant was written down Ex.P-11 and, at his instance, knife recovered from bank of pond, concealed in dust, seized and sealed packet marked 'D' and prepared memo Ex.P-6. Packets of sample, seized clothes and weapon recovered knife were sent to Laboratory vide letter Ex.P-3 of office of Police Superintendent, receipt of FSL Ex. P-4 and FSL report also on record. Charge sheet for the appellant and two others submitted, appellant Laxman charged for the offence under Sec. 302 & 447, Penal Code and other two charged for the offences of Sections 302 and/or 302/34, 447 IPC, who pleaded not guilty. Another accused Tulsiram apprehended on Jan. 9, against whom a separate charge-sheet submitted and committed to the Sessions case.