DEVA @ DEVILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was tried for the offence under Sec. 302 Penal Code and co-accused Ram Lal was tried for the offences under Sec. 302 read with Sec. 34 Penal Code by the Sessions Judge, Bundi. Ramlal was acquitted while the appellant has been convicted for the offence under Sec. 304 Part Penal Code and sentenced to 7 years rigorous imprisonment and a fine of Rs. 1000.00 and in default of payment of fine to undergo two months rigorous imprisonment. Against the conviction made on 17-3-1990 Deva has preferred this appeal.

(2.) Briefly stated the facts of the case are that on 29th Sept. 1987 at about evening time an incident occurred, report of which was lodged on the next day at 10.15 a.m at Police Station Dablana. The report was lodged by Ramchandra, brother of deceased Moti on the information given by Babulal son of Ramchandra. The SHO recorded the statement of Babulal in order to get a clear picture of the incident. He gave out that Deva and Ramlal came on cycle and stopped near the field of maize. They came inside the maize field and started plucking maize heads, when he (Babulal) asked them not to do so On call Moti came there and said something. The appellant and Ramlal packed the maize heads on their cycle and at that time Deva appellant gave kulhadi blow near the ear of Moti Moti fell down. Thereafter Ramlal picked up a stone and inflicted an injury on the head of Moti. The appellant Deva gave another blow by the bick side of Kulhadi on Moti. They came towards Babulal and he ran away. Then Hazari Mali came there and villagers were informed. Moti was taken to the Hospital where he died after 4-5 dajs.

(3.) When Moti was admitted to the Hospital following injuries were found on his body :