RAKHAN RAMJILAL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant Rakhan alias Lakhan alias Lakharam has been convicted under section 302 Indian Penal Code and sentenced to life imprisonment for the murder of one Basudeo on 7-3-1976 at about 9. 30 in she morning at village Kathava, P. S. H. Mehgaon, District Bhind, M. P. , by means of a gun. The deceased had sustained gun shot injuries over (i) left leg upper part just below knee, (ii)the area of xiphisternum, (iii) right scapula lower part medial side and (iv) right shoulder upper part posterior region. All the injuries were ante mortem and the cause of death was shock and excessive internal haemorrhage due to gun-shots. The injury No. (ii) on the xiphisternum area was said to be dangerous to life and sufficient in ,the ordinary course of nature to cause death.

(2.) ACCORDING to the prosecution, P. W. 1 Mahavir Prasad and the appellant have adjoining fields separated by a common embankment. On the date of the incident, mahavir Prasad went to his field, accompanied by his deceased brother Basudeo and the labourer Layak Jatav (P. W. 16), with a bullock-cart for the purpose of collecting "masoor" crop from the field. On reaching the spot, he found that the appellant had twice driven his bullock-cart through his (Mahavir Prasad's) field, instead of carrying it through the path. He, therefore, asked the appellant to desist from driving the cart through his field, lest the crops were damaged, but the appellant insisted that he would drive his cart through the field of Mahavir Prasad, and would see, who slopped from doing so. The deceased Basudeo, thereupon, threw a challenge to the appellant to show, how he drove the cart through their field, if he was a true son of his father. The appellant then went to his house, returned with his gun and stood on the embankment of the field. Witnessing this, Basudeo asked the appellant as to why he had come armed with a gun. The appellant, thereupon, loaded his gun and abused Basudeo by calling bad name to his mother. Realising the critical situation, Mahavir Prasad ran to the South, while his brother Basudeo ran to the West to save their lives. From behind a "neem" tree, Mahavir Prasad saw his brother on the ground after being hit by a gun-shot and the appellant going away from the spot after further firing on Basudeo from close proximity. Basudeo died on the spot.

(3.) THE appellant denied his guilt, but relying on the prosecution story, he was convicted and sentenced as aforesaid by the Court below.