PABUDA Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated 4. 4. 86 passed by the learned Sessions Judge, Metra by which appellant Pabuda was convicted under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 2000/-, in default to undergo six month's rigorous imprisonment.

(2.) BRIEFLY stated, the prosecution case giving rise to the trial and appeal of the present appellant is that there was 'gangoj' ceremony on the death of wife of Ladhu Babri at village Akhwas on 1. 8. 84. Deceased Madhu, appellant Pabuda and accused Birma Ram, Choutha Ram, Prabhu, Devida, Motida (since acquitted by the trial court) and the prosecution witnesses Bhanwaru, Prahlad, Pukhraj and Laduram attended the dinner. After dinner the appellant and a few others left the village in a tractor driven by appellant Pabuda. Madhu deceased was owing money from Prabhu and on his demanding money quarrel ensued. Accused Moti is said to have inflicted lathi blow on the parital region of Madhu. Madhu fell down. Thereafter there was a scuffle and the co-accused asked Pabuda to drive the tractor over Madhu. Pabuda did accordingly. Injured Madhu was taken to Riyan Hospital in the cart of Ladhu. He was injected there and taken to Ajmer Hospital. He breathed his last in the way. Bhanwaru, who was standing near the tractor lodged the report Ex. P. 6 at Police Station, Thanwala on 1. 8. 84 at 7. 30 p. m. Case under Sections 302, 307/34 IPC was registered. Shaktidan (PW 14) SHO, Police Station, Thanwala went to the site and proceeded with the investigation. He prepared the necessary memos. Dr. Ram Pratap Soni conducted the post mortem examination of the deed body of Madhu on 2. 8. 84 and noted ten abrasions on his body. On internal examination fractures of the jaw and the ribs were noted.

(3.) AT the very out set, it may be observed that the quarrel is said to be between Madhu and Prabhu. It is alleged that Prabhu has been taken down from the vehicle by Madhu and upon his insisting for payment of money Prabhu and his four companions (the accused acquitted by the trial court) gave a beating to him. The learned Judge disbelieved the testimoney of Bhanwaru (PW 5), Pukhraj (PW 3), Ladu (PW6), Ladhu (PW7) and Prahlad (PW8) regarding this part of the prosecution case. They have also been disbelieved for the allegation of the assailants forming unlawful assembly with a common object to give a beating to Madhu. There is no evidence about Pabuda participating in giving a beating to Madhu. There is also no evidence that Prabhu was in any way interested in Prabhu or inimical to Madhu. Pabuda was not even related to Prabhu. The prosecution witnesses have been disbelieved by the learned trial Judge for their version that at the instigation of Prabhu or any of his companion Prabhu tried to drive the vehicle over Madhu. The learned counsel for the appellant has as such argued that even if the vehicle moved, Pabuda being inside could not have noticed that Madhu was lying in such a position that there was possibility of his being crushed by the wheels of the vehicle. The learned Judge has disbelieved the prosecution case in toto regarding the five co-accused especially Prabhu with whom Madhu had enimity and on demand of money from him quarrel ensued, the prosecution witnesses have also been disbelieved about Pabuda being asked by Prabhu and others to crush Madhu.