DHANNA Vs. STATE

JUDGEMENT

(1.) THE accused Dhanna s/o Jeevraj and Jawana s/o Lakha were tried by the learned Sessions Judge, Bikaner, for causing the death of Dhanna s/o Pema under Section 302/34, Penal Code, and convicted and sentenced to rigorous imprisonment for life each.

(2.) THIS appeal has been preferred by them against the above order of the learned Sessions Judge and argued on their behalf by Mr. J. G. Sethi, Bar -at -law, of the Punjab High Court at considerable length and Mr. Mansharam, the learned Government Advocate has addressed us on behalf of the State.

(3.) THE three accused were challaned under Section 302, Penal Code, in the Court of the City Magistrate, Bikaner, who committed them to take their trial under that section in the Court of the Sessions Judge. Phoola accused is absconding and accordingly, evidence was produced regarding the participation of the two accused namely, Dhanna and Jawana only in the commission of the offence. The accused denied having committed the offence and Jawana after admitting the litigation with the deceased stated that on the day of the occurrence, he was at Tandurwala. Dhanna accused simply denied having committed the offence. They produced two witnesses in defence. The prosecution produced P. W. 2, Rajaram P W 3, Eamchand, as eye -witnesses and P. W. 7 Mangalji and p. W. 8 Mahabatsingh who had Been the accused before and after the occurrence near the place of occurrence. The prosecution also produced evidence regarding the recovery of lathiea -one from Jnwana's house at his instance and the other from Jawana's fencing at Dbanna's instance. The lathiea were, however, not blood stained. The witnesses alleged having identified these lathies as having been plied by Dhanna and Jawana but the learned Sessions Judge rightly disbelieved them on this point He, however, believed P. W. 2 Rajaram and p. W. 3 Ramchand and also P. Ws. 7 Mangalji and 8 Mahabatsingh and convicted and sentenced the accused as stated above.