MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4-12-1996 passed by the Special Judge (Prevention of Atrocities) S.C. /S.T. cases cum Additional Sessions, Pratapgarh, convicting the appellant Mangi Lal of the offence under Section 302, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo one month's rigorous imprisonment.

(2.) The prosecution case as disclosed during the trial is that Radhey Shyam son of appellant. Mangi Lal, was married to one Mst. Prem and her cousion sister PW 7 Mst. Ganga was married to deceased Shobha Ram. On 22nd 1994, PW 10 Kanwar Lal brother of Smt. Sobha visited the house of appellant to take his sister Mst. Prem. The request of PW 10 Kanwar Lal was turned down by Mangi Lal and Radhey Shyam. PW 10 while returning to his village on the way stayed at the residence of his cousion sister PW 7 Ganga Bai. After taking dinner, while he was relaxing on the platform and talking to deceased Shobha Ram, PW 6 Panna Lal father of Shobha Ram and PW 4 Laxman, at about 10.00 p.m. appellant Mangi Lal along with his son Radhey Shyam arrived and started abusing them. They also questioned as to why their guest Kanwar Lal was provided hospitality at their residence. On this deceased Shobha Ram replied that Kanwar Lal was also his brother-in-law, therefore, he was entitled to extend hospitality. Appellant Mangi Lal took out a dagger and plunged it in the chest of Sobha Ram. Both the accused persons dragged Shobha Ram to 2-3 steps.Then Mangi Lal gave a second blow on the head of deceased Shobha Ram. The out-cry of Sobha Ram attracted PW 15 Gopaji, PW 7 Mst. Ganga etc. Shobha Ram was taken to the hospital in a tractor. On the way he succumbed to the injuries. A report of the incident was lodged by PW 4 Laxman at Police Station Pratapgarh. The police registered a case for the offence under Section 302, 302 read with 34 I.P.C. and proceeded with investigation. After usual investigation, police laid charge sheet against the appellant, Mangi Lal and Radhey Shyam (since acquitted).

(3.) The appellants denied the charges levelled against them and claimed trial. The prosecution in support of its case, examined 16 witnesses and produced certain documents, Appellant Mangi Lal in his statement under Section 313, Cr.P.C. denied the correctness of the prosecution evidence appering against him. He also stated that Shobha Ram gave a lathi blow on his head on account of which he sustained injuries. He also stated that Laxman Singh came with a dagger to assault him which was inflicted on Shobha Ram. Analysing the evidence, the trial Court acquitted the accused Radhye Shyam. However, he convicted and sentenced the appellant, Mangi Lal, as noticed above.