GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22nd Feb., 94 passed by the Sessions Judge, Banswara convicting the appellant Gautam for offence under section 302 Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 500.00, in default of payment to further undergon three months' R.I.

(2.) The prosecution case in brief is that in village Panasi under the Drought Relief Scheme, a road was being constructed. On 15.6.92 at about 9 a.m. Menga @ Mangilal was giving instructions to the labourers. At that time, appellant Gautam arrived at the spot and objected the construction of the road in his field. He expressed that he will not permit the construction of the road beyond the mark put by him. He took Gainti" from the hand of one labour named Laxman and put mark in the field. Menga said that the directions are to construct 20 ft. wide road and therefore, he will have to give some more land. On saying so, the accused raised the 'gainti' and struck on the head of Menga. Menga fell down and died on the spot. The information of this incident was lodged by P.W. 1 Ramlal at Police Station. Gadi. On this information, police registered a case for offence under section 302 Penal Code and proceeded with the investigation. After usual investigation, police laid charge-sheet against the appellant for offence under section 302 IPC.

(3.) The appellant pleaded not guilty and claimed trial. The prosecution in support of the case examined 7 witnesses and produced certain documents. The appellant in his statement Ws 313 Cr.PC. denied the correctness of the prosecution evidence appearing against him. In defence, he examined D.W. 1 Mst. Sharda. Analysing the evidence, the learned Judge held the appellant guilty of the murder of Menga. Accordingly, he convicted and sentenced as noticed above.