SURAJ MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.11.1980 passed by the Additional Sessions Judge, Nagaur convicting the appellant for the offence under section 302 Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 100.00, in default of payment of fine to further under three months rigorous imprisonment. The appellant has also been convicted for the offence under section 452 Penal Code and sentenced two years rigorous imprisonment and to pay a fine of Rs. 100.00, in default of payment of fine to further undergo three months rigorous imprisonment. Both the sentences have been ordered to run concurrently. The regular as well as Jail appeal filed by the appellant registered as D.B. Criminal Appeal No. 8/81 and 44/81 respectively are disposed of by this judgment.

(2.) The prosecution case in brief is that RW. 6 Poona Ram lodged a first information report at police station, Nagaur on 30th may, 1980 at 10.30 a.m. stating that his son Parmaram had gone to call Triloka Bhabhi and when he reached near the house of accused Surajmal, his dog started barking, whereupon Parmaram enquired Surajmal as to why he has no tied down his dog. He also complained that his dog had bite with a view to thrash him. Parmaram entered into the house and narrated the incident to the family members. Poona Ram and Parma Ram requested their neighbour Balu Ram RW. 3 to make him understand. After sometime, the accused Surajmal entered in their house. His father Bhanwar Lal asked him not to abuse them, whereupon accused gave lathi blow on the head of Bhanwar Lal. He also caught hold of him and pressed the neck, on account of which he could not speak. The complainant's mother raised an alarm, Asu rescued his father Bhanwar Lal. Many other persons from the neighbourhood also arrived on the spot, seeing them, the accused ran away. Bhanwar Lal was taken to the Hospital in a bullock-cart. On this information, police registered a case for offence under secs. 452, 323 IPC. On 2.6.1980 Bhanwar Lal died and as such the case was registered for offence under section 302 IPC. After usual investigation, the police laid charge-sheet against the accused-appellant for offence under section 302 and IPC.

(3.) The accused denied the charge framed against him and claimed trial. The prosecution in support of the case examined ten witnesses and produced certain documents. The appellant in his statement under section 313 Cr.PC. stated that the entire evidence appearing against him is false. He also stated that on 29th May, 1980 at about 10.30 p.m. he had gone to the house of Balu to accompany him for going to village Lapolai and while he was sitting on the platform of his house, Asha Ram, Poona Ram, Parma Ram and Rameshwar arrived and they assaulted him, on account of which blankness appeared before his eyes and he lost his vision for a moment. Bhanwroo arrived to rescue him. He sat down and accidentally lathi blow fell on the head of Bhanwroo. The trial court relying on the testimony of the three eye witnesses, namely, RW. 1 Asha Ram, RW. 2 Smt. Sukhi and RW. 6 Poona Ram and the other evidence held accused appellant guilty of the murder of Bhanwar Lal. Accordingly, convicted and sentenced at noticed above.