Manohari vs State of Rajasthan - 2023 Supreme(Raj) 1715

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1715

MAHENDAR KUMAR GOYAL
Manohari – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mayank Kumar Choudhary with Ms. Pooja Choudhary
For the Respondent: Imran Khan, P.P.,

JUDGMENT :

MAHENDAR KUMAR GOYAL, J.:— This criminal appeal has been preferred against the judgment dated 31.10.1987 passed by the learned Additional Sessions Judge, Dausa, District Jaipur (for brevity “the learned trial Court”) in Sessions Case No. 32/1984 : State of Rajasthan v. Manohari, whereby, the accused-appellant (for brevity, “the appellant”) has been convicted and sentenced as under:—

Under Section 304 Part II IPC:— 5 years’ rigorous imprisonment with fine of Rs. 4,000/-; in default thereof, one and half years’ rigorous imprisonment.

2. The relevant facts in brief are that a written report dated 13.04.1984 (Exhibit-P-2) came to be lodged by complainant Shri Phoolchand (PW-2) with the Police Station Manpur, District Jaipur alleging therein that the appellant has inflicted a lathi blow on the head of his mother resulting into her death whereupon, an FIR no. 59/1984 under Sec. 302 IPC was registered against him.

3. After investigation, the police filed charge-sheet under Section 302 IPC against him. After committal, the learned trial Court framed charge against the appellant under the aforesaid provision. The appellant pleaded not guilty and demanded trial. The learned trial C