STATE OF RAJASTHAN Vs. MANGILAL

JUDGEMENT

(1.) ACCUSED Mangilal, Madan, Birdha, Ganesh, Laxmi Narian, Bhagirath, Kanhaiyalal and Bherulal were tried by learned Sessions Judge, Kota, for offence under Sections 148, 302 and 302/149. I.P.C., in connection with the murder of Hira, on July 1, 1973, in village Raju Khera. Learned Sessions Judge, found all the accused cot guilty of the above charged, by his judgment dated February 8, 1974 and acquitted them.

(2.) AGGRIEVED by the judgment of acquittal, the State Government filed an application for leave to appeal against all the eight accused. The application came up for admission before a Division Bench of this Court, on October 21, 1974. The Court after hearing the Public Prosecutor, admitted the appeal against Mangilal, Madan, Ganesh, Laxmi Narain, Kanhaiyalal and Bherulal The application for leave to appeal submitted against Birdha and Bhagirath was rejected.

(3.) THE facts, in brief, are that deceased Hira is alleged to have hold affairs with Mst. Dhapu PW 5. The deceased visited her intermittently. In the eight preceding the fateful date the deceased paid a visit on Mst. Dhapu. He passed the whole night in her company. In the early hours of the morning she suspected some foul play on the part of villagers She, therefore, asked her paramour to slip out stealthily. At about 8 or 9 a.m. on July 1, 1973, Hira was pursued by accused Mangilal and Ors. Accused Mangilal fired his gun as a result whereof the deceased sustained eight injuries detailed in the post mortem report, dated July 1, 1973 After making murderous attack on Hira, accused, Mangilal accompanied by other accused met PW 4 Devilal Accused Mangilal said in a tell -tale manner that Hira had already been murdered and that they should belabour Devilal also. In response to this call, besides Mangilal, Kanhaiyalal, Birdha, Ganesh and Ors. caused as may as seven injuries to Devilal as mentioned in the injury report prepared by Dr. Om Prakash Mantri. Hira injured hastened forward for rescue. He ultimately fell down near a tree in the field of Ram Pratap Meena. On hearing the gun shot sound PW 6 Bala and PW 7 Mehrab rushed towards the direction where from the sound emerged and ultimately reached the place where the injured was lying under a tree. They asked Hira as to who had caused him the gun -shot wound. In reply Hira stated that Mangilal had fired his gun at him and caused injuries to him. PW 6 Bala went to the Police Station and lodged first information report Ex. P/1. After registering the case under Section 307 I.P.C., the Investigating Officer reached she scene of the occurrence In between this period Hira was removed to the Hospital at Chechat. PW 13 Dr. Om Prakash clinically examined Hira. He noticed eight gun -shot wounds on different parts of his body. As Hira was found in semi conscious condition, his statement was recorded by the SHO His general condition being serious, his relatives were advised to take the patient to the District Hospital, Kota. On way Hira succumbed to his injuries. Next morning Hira's dead body was taken to Chechat. Autopsy on his dead body was performed by PW 13 Dr. Om Prakash, at 8.45 p.m. on July 2, 1973. In the opinion of the Doctor all the injuries, mentioned in the post mortem report, were anti -mortem and they were sufficient in the ordinary course of nature to cause death. On July 1, 1973, at 4.30 p.m. the same Doctor clinically examined Devilal, PW 4, and noticed the following injuries on his person: 1. Contusion 4 1/4 ''x 1 1/4' on fronto -lateral aspect of right side of chest on its upper half simple but referred to x -ray examination. 2. Multiple contusions two of large size: (a) 5 1/2' x 1' (b) 8 1/2' x 2' on back of chest, simple injuries by blunt weapon. 3. Abrasion 3/4' x 3/4' on right scapular region simple and by blunt weapon. 4. Abrasion 1' x 1/2' placed on a contusion of size 2' x 1/2' on the back of right elbow joint. It was referred for x -ray examination.