AMBA AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Mangla had been tried for the offences under sections 302 Indian Penal Code and appellant Amba for the offences under sections 302/109 and 307 Indian Penal Code. By his judgment dated 2-5-74 the learned Sessions Judge, Sirohi convicted appellant Mangla for the offences under section 302 Indian Penal Code and Amba for the offences under sections 302/109 Indian Penal Code and sentenced them each to imprisonment for life.

(2.) Being aggrieved by their conviction and sentence the appellants have preferred this appeal through the Superintendent, Central Jail, Jodhpur. As they were not represented by any counsel to plead on their behalf Shri B. Advani was appointed amicus-curiae to argue the appeal on their behalf.

(3.) Briefly stated the facts of the case giving rise to this appeal are that the two appellants have enmity with Chamna (P. W. 13) on the suspicion that the latter had complained to the Forest Department that they committed theft of wood Chamna is also said to have lodged a complaint against the appellants in the court of Munsif Magistrate, Bali,'and that too was the reason for the ill will between Chamna and the appellants. On 4-9-72 at about 5.00 P. M. Deva (P. W. 3) son of Chamna (P.W. 13) while grazing she-goats was watching the standing crop in his field. At that time appellant Mangla armed with a naked sword and Amba with a gun went to him and asked the whereabouts of his parents. Being frightened, Deva ran away from there and informed his mother Mst. Lachmi (P. W. 2) to run away lest she might be killed by the appellants. Mst. Lachmi took to her heels and raised a cry of "Mare-re-Mare-re" Lacha and Jagga, deceased, coming from the opposite direction enquired of Lachmi as to what the matter was and she informed them that she was followed by Mangla and Amba with an intention to kill her. Jagga and Lachha requested the appellants not to kill a woman. That annoyed the appellants and they threatened to kill him. Mangla inflicted sword blow on Jagga and Lacha. Both of them fell down. Amba remained standing pointing his gun towards Jagga and Lacha and instigated Mangla to kill, them. On account of profuse bleeding from their wounds Jagga and Lacha died instantaneously. Kishna (P. W. 1) on hearing the cries of Lachmi had also come out of his house and had eye-witnessed the occurrence from a little distance. When the cries of Lachmi had also come out of his house and had eye-witnessed the occurrence from a little distance. When the appellants left the place Kishna (P. W. 1) went to the place where Jagga and Lacha were lying. He went to Vidage Palani and informed Kesa (P. W. 4) son of Jagga deceased about the occurrence. Both of them again came to the site of the occurrence and thereafter they left for Police Station Bali on foot. On reaching Police Station Bali, Kishna lodged an oral report (Ex. P. 1) on 5-9-72 at 6.30 a. read with Kishoresingh (P. W. 10) Head Constable, Incharge of the Police Station at that time. The report reduced into writing is Ex. P. 1 On the basis of that information a case under sections 302 & 307 Indian Penal Code was registered. Kishoresingh, Head Constable went to Village Danbadli and inspected the site and prepared the site plan Ex. P. 3 and site inspection memo Ex. P. 4. He also prepared the inquest memos and Panchayatnamas of the dead bodies and took into his possession the torn umbrella from the site which is said to be with Lachha at that time and by which he is said to have tried to defend himself. Thereafter, the dead bodies were sent to Bijapur Primary Health Centre, for postmortem examination. Dr. Noor Mohammad (P. W. 8) conducted autopsy over the dead bodies of Lachha E and Jagga on 5-9-72.