CHITTAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Conviction for offence punishable under S.302, Indian Penal Code, 1860 (for short IPC) made by learned Sessions Judge, Kota, having been confirmed by a Division Bench of the Rajasthan High Court, Jaipur Bench, this appeal has been preferred by the accused.

(2.) Factual scenario as unfolded during trial is as follows : On 26-4-1994, septuagenarian Lattor Lal (hereinafter referred to as the deceased) lost his life at about 7.30 a.m. He was going with his cows in front of one Madan Lals house. Accused-appellant-Chittar Lal gave him a knife blow resulting in instantaneous death. This incident was witnessed by Dhan Raj (P.W. 3), Shiv Prakash (P.W. 5), Nathu Lal (P.W. 6) and others. Son of the deceased, Heera Lal (P.W. 1) lodged the report at the police station at about 8.15 a.m. on being told that accused was coming towards the house of Heera Lal (P.W. 1), his mother closed the door. When he went to the roof, he saw accused who had a knife in his hand was running towards the hospital. He reached the spot and found his father dead. The background motive for the assault was said to be execution of a Will of one house by Moti Lal, father of the accused in favour of his daughter Smt. Ganga Bai (P.W. 16), who later on sold the house to Bharat Kumar (P.W. 8) (brother of the informant). Accused did not like the transaction and had developed animus towards the deceased. On registration of the First Information Report, investigation was undertaken and charge-sheet was filed. Post-mortem was conducted by Doctor (P.W. 18), who found two stab injuries; one in pleural cavity along with fracture of mid sternum V arranged and other 3/4" x ¼" deep into abdominal cavity 4" x 2" left to umbilicus. The case was committed to the Court of Sessions Judge, Kota and trial was held by it. Prosecution examined 18 witnesses to further its version. Accused pleaded innocence.

(3.) During trial two witnesses who claimed to be eye-witnesses (P.Ws. 5 and 6) made departure from the statements made during investigation. However, Dhanraj (P.W. 3) implicated the accused.