JAI NARAIN Vs. STATE

JUDGEMENT

(1.) The Appellants Jai Narain, Dulli and Radhey, who are brothers, have been convicted under Section 304, IPC read with Section 34, IPC and have been sentenced to three years' rigorous imprisonment by the learned Sessions Judge of Mathura. Jai Narain has been further convicted under Section 323 and 325, IPC and has been sentenced to one year's rigorous imprisonment under Section 325, IPC and nine months' rigorous imprisonment under Section 323, IPC which sentences have been made concurrent. Radhey has also been convicted under Section 323, IPC and has been sentenced to nine months' rigorous imprisonment which sentence of his has been made concurrent with the sentence under Section 304/ 34, IPC.

(2.) It appears that P.W.6 Bhandol had lent some money to the accused sometime before the occurrence. He made repeated demands for the payment but the debt was not paid. It is said that on 20-11-1953 at about sunset 'when the accused were sitting on the chabutra near the houses of the parties Bhandol demanded the payment of the loan. The accused expressed their inability to pay it in cash and offered to give their field or cattle in payment. Bhandol insisted on cash payment. There was an altercation between the accused and Bhandol which led to exchange of abuses. It is said that the accused Jai Narain struck a lathi blow on the leg of Bhandol as a result of which he fell down and he was be laboured with lathis by the other accused. He. raised an alarm which attracted the attention of his brother Mahipal who was attending to his bullocks nearby. Mahipal ran to the help of Bhandol and he too was beaten with lathis by the accused and received a number of injuries. On their alarm their cousin Nawal ran to-their help and while he was still in the lane close to the chabutra the accused who were on the chabutra attacked him with lathis and felled him down on the ground. He died shortly afterwards. The accused then ran away. A report of the occurrence was made by Mahipal the next day on 21-11-1953 at 7-30 in the morning at P.S. Shergarh which is at a distance of about six miles from the place of occurrence. The accused were named in the report. The dead body of Nawal was also taken to the police station After the report the Station Officer Sri Joti Prasad prepared an inquest report and then sent the dead body of Nawal to the Dist. Hospital of Mathura for post-mortem examination. Mahipal and Bhandol who were also injured were also sent for medical examination. The post mortem examination on the dead body of Nawal was performed by Dr. Raghuvesh Prasad on 22-11-1953, a 3 p.m. He had two external injuries consisting of a contusion and a contused wound. The contusion was 5" x 3" on the top of the scalp and the contused wound was 2 - x 3/4 x on the upper forehead on the right side. Blood was coming out from the mouth, nose and ears. The internal examination disclosed the fracture of the frontal parietal and both temporal bones with the depressed piece in the centre of the parietal and frontal bone. The death was due to shock and haemorrhage as a result of the injuries received by him. Mahipal was examined by Dr. N.S. Bhatnagar on 23-11-1953 at 11 a.m. in the morning. He had one contused wound and three contusions. The contused wound was 1 - X 1/2" scalp deep on the back of the head on the right side. The contusions were on the chest and right forearm. Bhandoll was examined on 22-11-1953 at 1 p.m. by Dr. R.P. Mathur, incharge Sadar Hospital, Mathura. He lad eight injuries on this person consisting of two contused wounds, five contusions and one abrasion. One of the contused wound was on the front of left leg and the tibia and fibula were fractured and the other contused wound was 1/2" above the former one. The abrasion was on the left ring finger and the contusions were on the right scapula, right lower back, (eff arm and loft middle finger.

(3.) The accused who were named in the report could not. be arrested. They surrendered themselves on 27-11-1953 and after the necessary investigation. they were sent up for trial. The accused Jai Narain and Har Bhajan in their statements before the committing court denied their presence on the scene of occurrence, The stated that they were not even present in the village. Jai Narain could not say why he had been falsely implicated in the case. Har Bhajan stated that he had been implicated for no fault of his and that the remaining accused were his brothers. 1 before the learned Sessions Judge Jai Narain stated that there were two parties in his village, that the prosecution witnesses belonged to Chiraunji's party while he himself belonged to Patwari's party and it was because of the party feeling that he had been implicated in the case. He admitted there that Bhandol and; Mahipal had received injuries and Nawal, was, murdered. Her Bhajan also made somewhat similar statement before the learned Sessions Judge. Dulti stated before the committing court that Nawal Singh,: Bhandol and Mahipal came to his place to demand their money, that there was an exchange of hot words and Nawal Singh dealt a lathi blow on him and he also gave a lathi blow to Nawal Singh as a result of which he was injured and died. He further stated there that the accused Radhey was with him, that he had no lathi with him and that Bhandol fell on a peg. He did not stick to this statement before the learned Sessions Judge. There be stated that Bhandol, Mahipal and Nawal all started beating him and Radhey with lathis, that he warded off the blows on his lathi and dealt blows in his self-defence, that Bhandol, Mahipal and Nawal all received injuries and Nawal died at about midnight. He further stated there that the occurrence took place at his door. The accused Radhey stated before the I Sessions Judge that his statement was the same as that of Dulli accused.