TARACHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 7th of December, 1979, and 14th of December, 1979, passed by the Sessions Judge, Jodhpur, by which the learned Sessions Judge, convicted the appellant Tarachand under section 304 Part II I. P. C. and awarded him a sentence of rigorous imprisonment for five years.

(2.) THE incident, which led to the prosecution of the present appellants along with Sohanlal and Munnalal, took place on 8th of August, 1979. According to the prosecution on the day of 'raksha Bandhan' on 8th of August, 1979, P. W. 3 Hukamchand, accused Tarachand, and Munnalal, the brother Mohanlal P. w. 6 were plying kites on the roof of their house. P. W. 2 Surajkanwar was also there on the roof. Hukamchand cut the string of Manoharlal's kite, upon which, Manoharlal gave a fist blow to Hukamchand and Hukamchand, thereupon cried and on hearing the crices of Hukamchand, his father Kishanlal, went up-stairs, reprimanded Manoharlal and sent Manoharlal his brother Tarachand and Munnalal down-stairs. Kishanlal took Hukamchand with him and made him to sit in the room. After coming down-stairs, Manoharlal P. W. 6 narrated the incident to accused Mohanlal. THEreupon, accused Sohanlal asked Kishanlal to come down-stairs in the chowk. When Kishanlal came in to the chowk, accused Sohanlal took Kishanlal to took, and all these three accused made an assault on Kishanlal and struck him against the wall. Accused Sohanlal also asked Tarachand to bring a dagger. Accused Tarachand brought a dagger from the room and inflicted injury with that dagger to Kishanlal. On account of this injury, there was a profuse bleeding. Kishanlal was brought to the Mahatma Gandhi Hospital, Jodhpur, where he was admitted for treatment, but the injury proved fatal and Kishanlal died on account of this injury. After the death, post mortem of Kishanlal was conducted by Dr. R. K. Gehlot and he found following injury on the body of Kishanlal:- "incised wound 5. 0 c. m. x 2. 0 cm. on the anterior aspect of left shoulder region about 5. 0 cm. below and medial to acromian process. Subcutaneous tissue, muscles underneath were cut, running obliquely back wards, medially across the anterior axillary fold reaching to third intercostal space in the mid-axillary line of its course tissues are clean cut, entering into the thoraxic cavity through third intercostal space in the mid-axillary line, the intercostal muscles are clean cut and underneath plaura was clean cut and there was incised wound 2. 0 c. m. x 0. 7 c. m. which was 2. 5 c. m. deep on the lateral aspect of left lung on its upper lobe, obliquely downwards' backwards and medially. THEre was about 1. 5 litre of blood present in the left pleural cavity, the left lung was collapsed in the cavity. " THE prosecution, in support of its case produced four eye-witnesses to the occurrence, namely, P. W. 1 Smt. Kamla, P. W. 2 Smt. Surajkanwar, P. W. 3 Hukamchand and P. W. 6 Manoharlal. THE prosecution in all produced 12 witnesses. Accused did not produce any evidence in defence. THE learned Sessions Judge tried the present appellant under section 302 I. P. C. and the other two accused, Munnalal and Sohanlal, for the offence under section 302/34 I. P. C. THE learned Sessions Judge after trial acquitted Sohanlal and Munnalal for the offence under sec. 302/34 I. P. C. He also acquitted the present appellant under sec. 302 I. P. C. but convicted him under section 304 Part II I. P. C. and awarded a sentence of 5 year's rigorous imprisonment. Dissatisfied with the conviction and sentence passed by the learned Sessions Judge, the appellant preferred this appeal.