KESHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - There are four appellants before us. They were tried for offences punishable under Sections 302 and 302 read with Section 34, IPC for causing the death of Mada, the deceased, in the case. PWs. 2 and 3 are the main eye-witnesses.

(2.) The prosecution case is that on 17-5-1976 at about 6.30 a.m. when Karansingh, PW 2 and Mada, deceased, were smoking 'chilam' at Birmawala Bera, A-1 and his sons A-2, A-3 and A-4 armed with lathies and kulhari came there and addressed Mada, the deceased saying that they will kill him today and so saying they started beating the deceased. It is alleged that A-2 was armed with a kulhari and A-1, A-3 with lathies and A-4 with the handle of kulhari. A-1 gave a blow with lathi on the head of the deceased. A-3 inflicted injury with lathi on the head of the deceased. PW 2 took A-3 in his grip so that he may not be in a position to give any further blow. A-1 took the deceased in his grip. A-4 gave a blow on the head of the deceased with the kulhari as a result of which the deceased fell down on the ground. A-3 and A-4 came and joined them and all the four accused started causing injuries on the person of the deceased and they have in all thus inflicted 10 to 12 injuries. PW 1 and other people came there. All the accused ran away. A report was given to the police. The case was registered. An inquest was held and the dead body was sent for post-mortem. The doctor, PW 8, conducted the post-mortem and he found two incised injuries and several bruises and lacerated wounds. Injury No. 1 was an incised wound on the occipital scalp; injury No. 2 a bruise on occipital scalp; injury No. 3 an incised wound up to bone frontal scalp; injury No. 4 a lacerated wound on centrally scalp above occipital premises; injury No. 5 is a lacerated wound; injuries Nos. 6, 7, 8, 9 and 10 were bruises on the scalp region. On internal examination the doctor found that the occipital bone was fractured and got separated; temporal bone was also fractured. He opined that these injuries were sufficient to cause death in the ordinary course of nature. The accused were arrested. At the time of arrest the investigating officer found some injuries on them also. After completion of the investigation the charge-sheet was laid.

(3.) The prosecution examined witnesses, PW 2 and PW 3 as eye-witnesses and also relied upon the evidence rendered by the other witnesses by way of corroboration. The accused pleaded not guilty. They stated that A-3 had gone to the field for watering when the deceased gave him some beatings. A-3 told to other accused about the beatings. A-1 went to inquire about the beatings. Then the deceased replied that he would beat them also. Deceased gave a blow of the axe on the back side of A-1 and as a result of which he fell down on the ground. Second blow was given on the -leg. He caught him from -the back side and snatched the axe from A deceased. The deceased then attacked with lathi and gave a blow on his back side and when the deceased was beating him he gave a blow with axe on the head of the deceased. A-1 became unconscious. The deceased attacked A-2. When he wanted to attack A-2 by giving another blow on the head by then A-1 became conscious. A-2 who also received injuries became unconscious, In essence a plea has been taken that during the scuffle the deceased inflicted injuries on the accused and in exercise of right of private defence they inflicted injuries on the deceased having a reasonable apprehension of danger to their bodies.