- (1.) The appellant Asha Ram has been convicted and sentenced as below vide judgment dated 30.08.2017 passed by the learned Additional Sessions Judge, Parbatsar, District Nagaur in Sessions Case No.07/2013: Offences Sentences Fine Fine Default sentences Under Section Life Imprisonment Rs.20,000/ 02 Months' 302/34 IPC - Simple Imprisonment Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C.
(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:- The complainant Ram Chandra (PW-1) lodged a written report (Ex.P/1) at the Police Station Gachhipura on 27.10.2012 alleging inter alia that on 26.10.2012 at about 8 O' Clock in the evening, as usual, his father Shri Ram was sitting on the platform of the Shiv Temple in the public chowk of the village Paladi Raja. Shri Bhinv Singh Rajput was sitting besides his father. While both were sitting and talking to each other, Asha Ram (the accused appellant herein) and Rugharam (who absconded and was arrested later) came around armed with sharp weapons viz. axe and farsi and immediately launched an assault on his father's head. Bhinv Singh raised a hue and cry on which, the neighbours Mangilal and Chena Ram came around running. They also saw the accused assaulting his father by sharp weapons. His father received serious head injuries in the incident and was on the verge of death. The eye witnesses tried to save his father but could not succeed in their attempt. His father received numerous injuries on his head and also on the other parts of the body. He received information of the assault at his house on which, he too ran towards the place of the incident and saw the accused going away towards the house of Bheru Singh. The witnesses present at the spot namely Bhinv Singh, Mangilal and Chenaram told him of the events. As his father was in a precarious condition, they immediately took him to the Government Hospital, Gachhipura where no doctor was available. Thus, his father was taken to Degana. The doctor at Degana gave primary treatment and then, referred his father Shri Ram to Ajmer where, he was undergoing treatment in the Intensive Care Unit of the J.L.N. Hospital. The incident took place in the late hours of the night and his father was very serious. As he was engaged in treatment, the report was lodged with some delay. On the basis of this report, an FIR No.96/2012 (Ex.P/2) was registered at the Police Station Gachhipura for the offences under Sections 341, 323 and 307 read with Section 34 IPC and investigation was commenced. The injured Shri Ram expired on 06.11.2012 on which, the offence under Section 302 IPC was added to the case.
(3.) The investigating officer undertook the routine steps of investigation, arrested the accused Asha Ram. The accused Rugharam could not be apprehended and absconded. Thus, a charge-sheet was filed against the accused Asha Ram for the offence under Section 302 IPC read with Section 34 IPC whereas, the charge-sheet against Rugharam was filed under Section 299 Cr.P.C. showing him to be absconding. As the offence under Section 302 IPC was exclusively Sessions triable, the case was committed to the Court of the Additional Sessions Judge, Parbatsar who framed charge against the accused appellant for the offence under Section 302 IPC read with Section 34 IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 13 witnesses and exhibited 24 documents to prove its case. Upon being questioned under Section 313 Cr.P.C., the accused denied the prosecution allegations but did not choose to lead any evidence in defence. After hearing the arguments advanced by the prosecution and the defence and appreciating and evaluating the evidence available on record, the learned trial court, proceeded to convict and sentence the appellant as above. Hence this appeal.;