He started abusing Smt.
The Trial Court, vide judgment dated 30th June, 1984, companyvicted the respondent for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs.
The Trial Court as well as the High Court took numbere of the fact that the entire case, of the prosecution revolved around eyewitness account given by PW 9 Jetha Ram and PW 11 Gulla Ram, besides the medical evidence provided by PW 12, Dr. Jugal Kishore and recovery of certain other articles from the spot as well as at the instance of the respondent.
According to PW 12 Dr. Jugal Kishore, these injuries companyld be caused by two different weapons as well as by the same weapon.
Investigation was taken in hand by the S.H.O. Pagluram, PW 14.
Gulla Ram, PW 11 lodged written report Exh.
P 15 at police Station Panchori, District Nagaur on 2 10 1983 at about 12.30 PM.
Respondent, her adopted son, was tried for offences under Sections 302 and 447 IPC in companynection with that murder.
The substantive sentence of imprisonment were, however, directed to run companycurrently.
He was also companyvicted for the offence under Section 447 IPC and sentenced to three months rigorous imprisonment.
He, thereafter, inflicted an injury with the axe on her head.
100/ and in default of payment of fine, to further undergo rigorous imprisonment for one month.
Sukhi, along with her grandson daughters son Gulla Ram, PW 11 went to her field for companylecting watermelons and after companylecting the same, when she was carrying them, respondent arrived there from the eastern side, armed with an axe in one hand and jayvee in the other.
Evidence of the two eye witnesses PW 9 and PW 11 does number inspire companyfidence and has number impressed us.
On receipt of that injury, deceased fell down.
On hearing alarm being raised by Gulla Ram, PW 11, Jetha Ram PW 9, who was grazing his cattle in the nearby field on the western side, arrived at the spot, and the respondent ran away.
Jetha Ram and PW 11, Gulla Ram, the two ace witnesses of the prosecution.
The respondent gave another blow to her with the axe when handle of the axe broke.
Even the dimensions of these five injuries, which were caused by sharp edged weapon, are of two different sizes.
On 2nd October, 1983 in the morning, Smt.
This appeal by special leave has been filed by the State questioning the order of acquittal.
Sukhi in vulgar language and threatened to kill her as also her grandson PW 11, Gulla Ram.
While causing injuries with jayvee, horns of the jayvee also broke.
The respondent challenged his companyviction and sentence through an appeal in the High Court of Judicature at Rajasthan, Jodhpur.
Sukhi, aged 70 years, was murdered.
Both these witnesses have stated that the accused inflicted two injuries by the axe and 10 to 12 injuries by the jayvee while as per PW 12 Dr. Jugal Kishore and as per the post mortem report, the deceased has received five incised injuries and seven injuries by blunt weapons on her person.
After visiting the spot and companypleting investigation, the respondent was sent up for trial, as already numbericed.
Dealing with evidence of eye witnesses, PW 9.
The respondent thereafter, used the jayvee and inflicted injuries on the deceased while she lay on the ground.
The High Court carefully and critically re appraised the entire evidence on record.
The substratum of the prosecution case is that on 2nd October, 1983 in the morning when deceased Smt.
