SAMPATRAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 17th January 1977, passed by Sessions Judge, Pali, by which learned Sessions Judge, Pali convicted and sentenced the appellant for offence under section 302/34 I. P. C. and awarded a sentence of life imprisonment.

(2.) THE incident which led to the prosecution of the appellant under section 302 of the Penal Code, occurred at about 11 P. M. on 10. 03. 1974, in Ill-Class Waiting Room of Railway Station, Sojai Road. According to the prosecution on 10th of March, 1974, at about 11 P. M. when the passengers were waiting for the arrival of the train, P. W. 3 Gordhan was standing at the tea stall (Chay-ki-redri ). P. W. 1 Ramlal, and P. W. 4 Jagdish were also standing near him. At that time, deceased Todarmal came near the tea stall from the plat-form side and was followed by accused Sampat Raj. Sampatraj, immediately after arrival, inflicted lathi blow on the head of Todarmal. Mst. Naraini, mother of accused Sampatraj, was also armed with lathi and the deceased tried to snatch lathi from her in the meanwhile Mahendra, brother of the accused Sampatraj, also came there and inflicted knife injured on the chest of deceased Todarmal. On receiving this injury, Todarmal fell on the ground. THEreafter, Mahendra inflicted lathi injury on the head of the deceased. When the injury tried to get up, Sampatraj inflicted injury on the head by saying that "sala Abhi to Mara Nahi Hai. " On rcceving this injury, he fell down. THE accused thereafter ran away. THE injured thereafter got up and came out from the waiting hall and fell down in the way fromwhere he was taken to Sojat Hospital by P. W. 11 Taj Mohmmed and P. W. 10 Bhanwarlal. In the hospital, Todarmal was declared as dead. THE report of this incident was lodged at Police Station C. R. P. Sojat Road by one Harisingh Constable who was on his night petrol duty at Police Station. As the other accused were not arrested, the Police after investigation presented the challan against the present appellant who was tried for the offence under section 302 read with section 34 I. P. C. THE prosecution in support of its case examined 14 witnesses and the accused party defence examined 3 witnesses. THE prosecution has examined P. W. 1 Ramlal, P. W. 3 Gordhan, P. W. 4 Jagdish, P. W. 5 Ramlal, P. W. 6 Harisingh and P. W. 11 Tajmohammed as eye-witnesses to the occurrence. All the other eye-witnesses except Ramlal P. W. 5 have supported the prosecution case one way or the other, but P. W. 5 Ramlal was declared hostile as he has not supported the prosecution case. THE learned Sessions Judge after trial relying on the testimony of the prosecution witnesses convicted the appellant under section 302/34 I. P. C. and sentenced him to undergo life imprisonment. THE learned Sessions Judge apart from the oral evidence of the prosecution witnesses also relied upon the recoveries of the blood stained cloth of the appellant Sampatraj. Aggrieved with the conviction and sentence passed by the learned Sessions Judge, the appellant has preferred this appeal.