KISHNIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three appellants herein were found guilty of the offence punishable under Section 302 read with Section 34 and also for the offence under Section 201, I.P.C. The Sessions Court convicted these appellants and sentenced them to undergo imprisonment for life for the offence under Section 302 read with Section 34. No offence was made out against the appellants under Section 201, I.P.C. The appellants preferred an appeal before the High Court and their appeal was dismissed.

(2.) The first Appellant Kishnia and Second Appellant Mania are the children of Shama. These appellants used to graze their cattle in the field of Rawata and there used to be quarrels between deceased Rawata and these appellants. On one occasion, when there was a quarrel, deceased Rawata is alleged to have slapped the second Appellant Mania. On 17.4.1976, deceased Rawata and his son Rameshwar had gone to the nearby village for fetching water on a camel. At about 8.00.p.m. Rameshwar came running to his house and told his mother and brother that appellants Kishnia and Mania and the third appellant Karnail Singh had caused injuries to his father Rawata. Rameshwar told them that the appellants Kishnia and Mania were armed with lathis and appellant Karnail Singh was armed with Sela. After some time, they saw the appellants standing little away from the boundary for their field. The appellants told them that Rawata had been killed and warned them not to report the matter to anybody, otherwise they would also be killed. Their camel was found standing there. After the appellants left the place, they saw Rawata lying dead near the boundary of their field. Mamraj, the other son of the deceased Rawata went to the Police Station Rawatsar on 18.4.1976 at about 11.00 a.m. and lodged the First Information Report. PW 6, the Station House Officer visited the scene of occurrence and prepared a map. He held inquest over the dead body. Sample of blood-stained soil was collected from the place of occurrence and he noted some footprints at the scene of occurrence. The pair of shoes allegedly worn by deceased Rawata was also taken into custody and was sealed. The dead body was sent for post-morterm examination and as many as 25 injuries were found on the dead body. During the course of the investigation, a bamboo lathi was recovered. The Sela allegedly used by the third Appellant Karnail Singh was also recovered.

(3.) The Sessions Court as well as the High Court relied on the evidence of PW 4 Rameshwar and also the evidence of PW 2 Mamraj, the son of the deceased and the evidence of PW 5 Tulsi, the wife of the deceased.