CHOTHMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Additional Sessions Judge, Sikar has convicted the accused-appellant Chothmal under Sec. 302, Penal Code and has sentenced him to imprisonment for life. In view of this sentence, the learned Additional Sessions Judge has not considered it fit to inflict a sentence of fine.

(2.) The case of the prosecution is, that Jeewanram (deceased) and Tolaram were real brothers. Tolaram died about 21 years ago, leaving behind two sons, the accused-appellant Chothmal and Ghanshyam (PW 3). Both of them were brought up by deceased Jeewanram. their uncle. When both became major, the land belonging to Tolaram was divided equally in between the accused-appellant and Ghanshyam (PW3). Jetwanram (deceased) kept his land to himself and was cultivating it. It is alleged that the accused-appellant wanted Jeewanram (deceased) to partition his land also in between him and Ghanshyam (PW 3), to which the deceased was not agreeing. On Oct. 30, 1973, Ghanshyam (PW 3) had come to Jaipur in connection with the purchase of a tractor. In the night intervening 30th and 31st Oct., 1973, Jeewanram (deceased) was sleeping in his fields. Somebody committed his murder while he was sleeping The occurrence is alleged to have been witnessed by Maliram (PW 4) Taduram (PW 5) who were having their fields nearby. PW 1 Buddharam and Kundanmal (PW 11) and one Rameshwar Vaid (not examined) were playing Snake & Laddar game at the shop of Rameshwar Vaid at about 10, 10-30 p. m. on Oct. 30, 1973. Hearing the alarm of same body that Jeewanram was being beaten, these persons along with PW 9 Sohanlal and PW 6 Banwarilal were attracted to that side. Buddhram (PW1) and Kundanmal (PW11) went on the roof of the shop, and from there went to the house of deceased Jeewaratn. There the accused-appellant was also present and he came out of his house armed with a Jeli. Shese witnesses along with "several others and the accused appellant then went to the fields of Jeewaram, where he was lying in a precarious condition with multiple injuries, which were bleeding profusely. He was lying just by the side of the cot on the ground. When they reached the place of occurrence, PW 4 Maliram and PW 3 Laduram were also present. The injured Jiwaram was taken on a cot towards his house and from there to the hospital where in the was he succumbed to his injuries. A report of the incident (Ex. P. 6) was lodged by Ghanshyam (PW 3), who was informed at Jaipur by Rameshwar Lal about the murder of Jeewaram. He, therefore, gave the report (Ex. P. 6) at Ranoli Bus Stand to Hanumtnsingh (PW 13), Head Constable, P. S. Khatu. A case was registered and investigation was set in motion. Hanuman Singh reached the spot and prepared the inquest report of the dead body of Jiwaram. Thereafter, investigation of the case was taken over from Hanuman Singh by PW 19 Kamruddin Khan, S. H. O P. S. Khatu.

(3.) Post-mortem was conducted on the dead body of Jiwaram by Dr. Ramlal Sharma (PW 14) on Nov. 1, 1973. It started at 10.30 p. m. and was finished at 1 p. m. Dr. Sharma, on examination of the dead body, found the following external injuries :