STATE OF RAJASTHAN Vs. KALKI

JUDGEMENT

(1.) This appeal by special leave on behalf of the State of Rajasthan is directed against the judgment of the Rajasthan High Court acquitting the two respondents, Shrimati Kalki alias Kali and her husband, Amara (along with four other co-accused). Respondent Kalki was convicted under Section 302 and Section 148 of the Penal Code and sentenced to imprisonment for life and for rigorous imprisonment for two years, respectively. The five other accused persons including respondent, Amara, were convicted under Section 302 read with Section 149 and under S. 147 of the Penal Code, and each of them was sentenced to imprisonment for life and to one and a half years rigorous imprisonment respectively.

(2.) The material facts of the prosecution case were that there was a land dispute between Nimba (P. W. 6) father of the deceased, Poona on the one hand, and respondent Amara and the members of his family, on the other. On July 17, 1970 at about sunset the accused persons of whom respondent Kalki was armed with an axe and respondent, Amara with a dharia, came to the house of the deceased. At that time the deceased was inside his hut with his wife Mooli (P. W. 1). Amara called Poona. Poona came out followed by his wife Mooli, when he was knocked down by Amara and Rama whereupon Kalki gave him blow with the axe on the neck. Poona met with instantaneous death. Mooli (P. W. 1) raised an outcry when, Geli, mother of the deceased (P. W. 2) who had been at some distance from the hut came running to the place of occurrence and saw the assailants leaving the place.

(3.) Nimba lodged a report at the police station at Nana. Police registered a case. In due course the case was sent to, and tried by, the Sessions Judge who convicted and sentenced that six accused persons including the two respondents as stated above.