DALU ALIAS DALULAL Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17. 6. 93 passed by the learned Special Judge SC/st Act, Udaipur convicting the appellant Dalu of offence u/s 302 I. P. C. and sentenced him to imprisonment for life and to pay a fine of Rs. 1000/- and in default of payment to further undergo one month's R. I. The appell- ant has also been convicted of offence u/s. 452 I. P. C. and sentenced to one year's R. I. and to pay a fine of Rs. 500/- and in default of payment to further undergo 15 days' S. I.

(2.) THE prosecution case as set out during the trial is as follows: On 3. 3. 92 the appellant Dalu alongwith his mother Smt. Bhanwari and sister Smt. Lachhu went to the kirana shop of deceased Pokhar, where the witnesses PW/2 Gegraj and PW/8 Rama were also sitting. THE appellant Dalu demanded a sum of Rs. 200/- from the deceased Pokhar which were advanced by him. THE deceased asked him to collect the amount after two days. THE appellant Dalu, his mother and sister started quarreling with deceased Pokhar. All the three were pushed out from the shop. THE accused Dalu alleged to have asked Pokhar to come out of the shop, when he came out, the appellant Dalu plunged chhurri below the nevel, on account of which, Pokhar fell down. Hearing cries of Pokhar, large number of people collected there. THE brother of the deceased PW/1 Mohan Lal also reached on the spot. He found that his brother Pokhar was lying on a `chabutri'. THE Dhoti was drenched in the blood. PW/2 Gegraj and PW/8 Rama had caught the appellant Dalu. PW/1 went to the police station Dabok and lodged the F. I. R. of the incident. On this information, police registered the case of offence under Sections 302 and 452 I. P. C. and proceeded with the investigation. After usual investigation, police laid the chargesheet against the three accused persons namely the appellants Dalu, Smt. Bhanwari and Smt. Lachhu of offence under Sections 302 and 452/34 I. P. C.

(3.) IT is next contended by the learned counsel that only a single injury has been inflicted by the accused and, therefore, it cannot be said that he intended to kill Pokhar. Thus, it is not the case of murder but of culpable homicide not amounting to murder. Learned counsel has placed reliance on the decision of Division Bench of this court in Bhanwar Singh vs. State of Rajasthan (1 ). We have read the said judgment. The fact of this case is very close to the fact of the present case. The evidence shows that the occurrence was the result of trivial incident. The injury has been caused on the lower part of the abdoman. This also shows that the appellant did not intend to cause that particular injury. In these circumstances, the appellant can at the most be clothed with knowledge that such a injury may cause death in ordinary course of nature. Thus, taking all the circumstances into consideration, we are of the opinion that the appellant is guilty of culpable homicide not amounting to murder, punishable under Sec. 304 Part II I. P. C. and not under Sec. 302 I. P. C.