JODHU Vs. STATE

JUDGEMENT

(1.) The appellants (1) Jodbu son of Sarjan Ram (23 years), (2) Chandu Ram son. of Jai Kishan (19 years) and (3) Roshan Lal son of Dheba Ram (16 years) were tried together by the Sessions Judge, Mandi, Kulu and Lahanl & Spiti Districts at Mandi for an offence punishable under section 302 read with section 34 Indian Penal Code, for having committed the murder of one Gulab Singh in the morning hours of August 19, 1966 at village Gahar, Tehsil Sarkaghat, District Mandi, in complicity with one Parma son of Munshi, a young lad of 17 years who was granted pardon and was examined as an approver at the trial. All the three accused have been found guilty and have been sentenced to life imprisonment and also to pay a fine of Rs. 200.00 each; and in default of payment of fine to undergo rigorous imprisonment for a period of three months each. The accased have appealed against their conviction and sentence to this Court.

(2.) The prosecution case as accepted by the learned Sessions Judge is that the deceased Gulab Singh was living with his mother-in-law Smt. Pan Dei in village Chhota Samahal and was managing her affairs. The family of Jodhu accused and the mother-in-law of the deceased were owners of contiguous Rutas (grasslands) in village Gahar. This led to constant quarrels between them. The prosecution also suggested that Jodbu accased suspected the deceased of having illicit intimacy with the wife of his brother and examined Kehar Singh (P.W. 15) who stated that there were rumonrs in the village aboat illicit connection between the deceased and Jodhu's sister in-law. This suggestion is also reflected in the confessional statements of the approver and accased Roshan Lal. Bat the learned Sessions Judge does not appear to have referred to it in bis jndgment nor has it been pressed before as by the learned coansel for the State. On the nights of 17th and 18th August, 1966 all the three accused including Parma who tamed approver met at the residence of Jodhu and decided to murder Gulab Singb. In the morning hours of 19th August, 1966 when the deceased left his house to cut grass from the Ruta, the accused including the approver followed him Accused Jodha armed himself with drant (Ex. P. 1) while accused Chandu was armed with axe (Ex. P. 2). The other two, namely Roshan and Puma were each provided by Jodhu with dands (Exhibits P. 22 and P. 23} Jodbu accused was leading the party, On seeing the deceased, they lay in ambush. After a little while Jodhu pounced upon him and snatched from his bands the sickle (Ex P 7). All of them then made a concerted attack on the deceased. Roshan Lal held him from one arm while Parma took hold of the other arm Chandu held him from one leg and testicles while Jodhu managed to put the parna cloth belonging to the deceased (Ex. P. 8) into his mouth and gagged him. Jodbu then pressed the chest of the deceased with his leg with the result that the deceased became unconscious. The articles belonging to the deceased i.e. chhiki (the net for tying grass), sickle parna cloth and chappals (shoes) were thrown away and the body was dragged and brought near a small Alsan tree and a water spring. After laying the body on stone with its face downwards, Jodhu accused gave blows with drant (Exhibit P. 1) on the bead of the deceased while Chandu gave blows with the axe (Exhibit P. 2) on the legs of the deceased. After committing the murder they left the dead body there and climbed up the ridge where Jodhu loosened and rolled down a stone to make it appear that the deceased had met bis end by a fall from the precipice. All of them then returned to the village. While returning from the place of occurrence they were seen by one Gokal (P.W. 9). The blood on the blades of the axe and the drant Was washed and all the four weapons of offence were hidden by Jodhu accused in an open place behind his house.

(3.) The dead body of the deceased was seen at the place of occurrence by one Kanshi Ram (Public Witness . 3) who informed the relatives of the deceased and they all quickly repaired to the spot. One Biptu Ram (PW. 22) was sent to the police station Sarkaghat where he lodged the report (Ex. Public Witness PW. 22/A). The police reached the spot, took charge of tbe dead body and the articles of the deceased. The body was then s"nt to tbe Civil Hospital Sarkaghat where Dr. B.K. Baner)ee, Medical Officer (PW. 1), conducted the post-mortem examination on 20th August. 1966 and submitted his report (Ex. Public Witness PW. I/A), The police arrested the accused on 24th August, 1966 and took into possession one used poplin shirt of blue colour and a used striped pyjama belonging to Jodhu accused with stains of blood on them. During investigation Jodhu made on 25th August, 1966 a statement under section 27 of the Evidence Act (Ex. Public Witness 26/D) which led to the discovery of the dandas (Exhibits P. 22 and P. 23) the axe (Ex. P. 2) and the drant (Ex. P. 1) which were taken into possession vide recovery memo. (Ex. Public Witness 26/F). Rosban Lal accused also made on 25th August, 1966 a statement under section 27 of the Evidence Act, pursuant to which the police recovered his shirt (Ex. P. 26) which was taken into possession vide recovery memo. (Hx. P.W. 26/G). He also made a cofessional statement (Ex. Public Witness 13/E) which was recorded by Shri Doni Singh, Magistrate Second Class, Sundernagar (P.W. 13) on 30th August, 1966.