BABUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Babu was tried by the learned Sessions Judge, Sirohi for the charge of murder of Bhojia on 4-4-83 and vide judgment dated 27-2-85 he was convicted under Sec. 302, IPC and sentenced to imprisonment for life and a fine of Rs. 200.00, in default to undergo six months rigorous imprisonment. Feeling dissatisfied by his conviction and sentence, Babu has preferred this appeal in this Court.

(2.) In the judgment under appeal, the learned Sessions Judge made some observations against Dr, K.L. Bapna, who had conducted the post mortem examination of the dead body, regarding his medical knowledge and conduct. The learned Judge directed the concerned department to take necessary action on the remarks against him. Dr. K.L. Bapna has filed criminal miscellaneous petition no. 255/87 under Sec. 482, Crimial P.C. for expunging the remarks and quashing the proposed proceedings by non-petitioners No. 2, 3 & 4. The appellant has filed the appeal through Superintendent. Central Jail, Udaipur. As he was not represented by any counsel, Shri S.. Trivedi has been appointed Amicus Curiae to plead on his behalf. As the jail appeal filed by the appellant and the miscellaneous petition filed by Dr. K.L. Bapna arise out of the same judgment, we propose to dispose them of by one common judgment.

(3.) Briefly stated, the facts of the case giving rise to the appeal and the petition are that on 4-8-81 at about 4.30 p.m. Galla (PWI), when he was in his house heard cry. He came out and saw some person picking quarrel with the deceased Bhojiya in the fields. Both of them were scuffling. Just then appellant Babu caused sword blow to the deceased and ran away towards the house of Motli. Galla went near Babu. Ladoo (PW2), Hansu (PW3) and Poona (PW4) had already reached near Bhojiya. All these persons claimed to have seen Babu appellant inflicting sword blow to deceased Bnojiya. Bhojiya, who had fallen down because of the blow, was taken to his house and was made to lie on a cot. He succumbed to the injuries sustained by him. The reason for the appellant committing the crime, according to the prosecution was that Motli was suspected to be a witch (Dayan). About 10 days prior to the incident Bhojiyas brother Babu, son of Hansu (PW3) and brother of Ladoo (PW2) had expired after a lingering disease and Bhojiya suspected Motli to be the cause of his death. As Bhojiya was much aggrieved on account of the death of Babu, Panchayat assembled and a fine of Rs. 1500.00 was imposed on Motli for being the cause of death of Babu, brother of Bhojiya deceased. Appellant Babu, son in law of Motli had come to the village. Appellant Babu felt annoyed and murdered Bhojiya. Report of the incident was filed by Galla (PWI) at police station Rohida. AST, Amolak Chand of that police station, on the basis of Ex. P. I, the first information report lodged by Galla, registered a case and went to the site. He prepared the site inspection memo Ex. P. 12 and site plan Ex. P. 14. He took the blood stained soil and the control soil from the site. The inquest report Ex. P. 15 was prepared on the next day i. e. 5*8-83. Dr. K. L. Bapna, Medical Officer, Swaroop-ganj, conducted the autopsy over the dead body of Bhojiya. The doctor noted as under:-