KALOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Kalu was prosecuted for the offences u/s 307 IPC in the court of Addl. Sessions Judge, Udaipur. THE charge against the appellant was that on 11. 8. 79 at 8. 00 of 8. 30 P. M. he threw accused Baga in front of a running train, near the temple of 'mathaji' at village Padla in order to commit his murder and in the said process the injured collided with the train, sustaining injuries on various parts of his body including a crush injury on the left foot. THE learned Addl. Sessions Judge, after completion of the trial, convicted and sentenced the appellant u/s 307 IPC to 4 years' R. I. and a fine of Rs. 500/ -. In default of payment of fine, the appellant was further awarded five months' S. I.

(2.) THE report of the incident was lodged by the injured Baga at police Station, Jhawarmies, Distt. Udaipur, next day at 8. 45 A. M. THE prosecution story, as given out in the said report is that on day of incident at 2. 00 P. M. he went to the house of Dhola Meena to borrow money from him. At about 6. 00 p. m. the appellant came there and he raised some dispute about a piece of land. It was further alleged in the report that the informant Baga was made to sit in the house of Dhola Meena by his wife and appellant went away from there. As per the report, at 7. 00 p. m. after taking the meals the informant was going to his house, and while passing through the river area, then at about 8. 30 p. m. the appellant came running from behind. When he reached near the temple of 'mathaji' the appellant gave a threat to the informant that he will not be left and when informant climbed over the railway tracks then the appellant gave a fist blow and scuffled with him. It is said that the passanger train which was going for Ahmedabad came and the appellant, in-order to kill the informant, threw him on the railway tracks and when the informant tried to save himself then he collided with the boggi and sustained injuries on the various parts of his body. It was further alleged that in the morning his brother Roopa was passing from nearby then he was called by the informant. On the aforesaid report the police registered the case u/s 307 IPC. After usual investigation, the police submitted charge-sheet against appellant u/s 307 IPC and the appellant was put to trial for the said offence in the court of learned Addl. Sessions Judge, Udaipur.

(3.) IN the cross-examination, this witness stated that when he was passing near the river then Dhola's brother Punja met him and the appellant came there when they were enjoying 'bidi', He further stated that after enjoying 'bidi', the appellant took him to the house of one Bhera, from where he got a blanket purchased for him after paying Rs. 50/- According to this witness, at the house of Shera two traders, who were selling Blankets, were staying. According to this witness, the incident took pice after 1-1/2 hours he had enjoyed 'bidi', with Punja. About the incident the witness was cross-examined and he replied on cross-examination that he was going to his village through railway tracks. This witness then was confronted from his police statements where he admitted and stated that he told to the police about striking him by the appellant with a stone but this fact is not mentioned in the police statement EX. p/1. He further stated that he had scuffled with the appellant for about half an hour. He further stated that the railway track was on the height of 10 to 15 ft from the level of earth. This witness denied the suggestion given in the cross-examination that he had taken liquor at the house of Bhola. and while he was crossing the railway tracks he fell down and he was in a state of intoxication.