HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant challenges his conviction and sentence awarded of life imprisonment for the offence of Section 302 IPC.

(2.) D.B. Criminal Appeal No. 20/03 is the jail appeal whereas, D.B. Criminal Appeal No. 189/03 is the represented appeal. So, both the appeals are decided by this common judgment.

(3.) On 28.03.02 at about 7:30 PM in evening, brother of PW/1, Dhula allegedly was beaten by lath by appellant and as a result of injuries, Dhula died. Report of incident was orally given by PW/1 at about 2:25 in night (of 29.03.02) narrating that at about 7:30 he and Vijay pal PW/2 both from his house were going to Dhula's house and as they reached near and just opposite to Dhula's house, came Heera with lath in hand who telling as to why his (Heera's) son Kachru is beaten and entering in house of Dhula and inflicted blow of lath on head of Dhula and as Dhula fell down, 2-3 further blows inflicted. PW/1 and PW/2 Vijay pal tried to take care of Dhula who became unconscious and hearing noise came Kalia PW/3 and wife of Dhula (Kamra PW/4) from other house and then several other villagers. Before he could be taken to hospital, Dhula died. In FIR, PW/1 further narrated that on that day Dhula was at the filed of Patidar for reaping where for some reason Dhula slapped Kachra so occurred this incident. Reducing information in writing as Ex.P/1 which also bears signatures of PW/2 SHO registering FIR NO. 81/02 for the offence of Section 302 IPC proceeded for investigation. In course of investigation (i) inspecting place of occurrence, memo Ex.P/3 and site plan Ex.P/4 prepared (ii) examining dead body - memos prepared Ex.p/4 and Ex.P/5 (iii). In compound of house of deceased on floor was blood sample of athat and also plain soil collected and sealed - memo Ex.P/6 (iv) subsequent to postmortem, blood stained shirt seized and sealed packet marked as C (v) postmortem performed and report prepared by Doctor Medical officer PW/4 and report Ex.P/8 prepared.