KARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals filed by appellant Karma, one through the Superintendent, Central Jail, Udaipur and other the representative one, are directed against the judgment passed by the learned Sessions Judge, partapgarh dated June 4, 1977. By that judgment, the learned Sessions Judge had convicted the appellant for the offence under section 302 Indian Penal Code and sentenced him to imprisonment for life and a fine of Rs 100.00in default to undergo one months rigorous imprisonment. As the two appeals are by the same person and arise out of one judgment, they were consolidated and are disposed of by one judgment.

(2.) Briefly stated the facts of the case are, that, on May 22, 1976 at about 4.00 p.m. deceased Laliya, while going to Salangarh, met his brother Karma appellant outside his Jhumpaand asked him for abidi. Karma asked Laliya to go inside the house (Jhumpa). Laliya and Karma then went inside the house of Karma for a (bidi) smoke A little while thereafter Nanda (P.W 6) son of deceased Laliya, who was outside his own house at a distance of about 60 paces from the house of Karma appellant, heard the sound of the breaking of earthen pots. On seeing towards that side he saw the appellant Karma and his wife Suhagi (co-accused, since acquitted by the learned Sessions Judge) going at a fast speed towards the jungle. He also saw the lady carrying a child in her lap and Karma having either a lathi or an axe with him. He immediately rushed to that side and saw his father Laliya smeared with blood and having injuries on his head. He was in a sitting posture. Nanda made him lie and then went to inform his mother Smt. Jamna (P.W.7) who was picking up cotton at her field. Jamna went to the house of Karma and saw the dead body of Laliyi. Roopa and Nanda went to the police station Salamgarh. Nanda lodged the oral report with Himmat Singh, Station House Officer (P.W. 14) Police Station Salamgarh. The information was reduced into writing by the Station House Officer which is Ex.P 4. After registering the case, the Station House Officer went to the site and found the dead body of Laliya lying there. The Station House Officer inspected the site and prepared the Site Inspection Memo EX P 2 and the Site Plan Ex P.3. He noted two injuries on the head of Laliya and prepared the Panchayatnama of the dead body which is Ex.P.9 The Station House Officer took in possession the blood soaked earth, the control soil, one bamboo stick, one kachoti an earthen utensil used for preparing the flour for leaves i.e. parat and pieces of earthen pots vide memo Ex.P 1. The clothes of the deceased, shirt and dhoti were also taken in possession by the Station House Officer. Dr. Himmat Singh (P. W.13) conducted the autopsy over the dead body of Laliya on May 23, 1976. The Doctor noted following injuries on the dead body:-

(3.) In the opinion of the Doctor the cause of death was shock because of severe laceration of the brain matter and sudden heavy loss of blood from the site of injuries and left ear. The duration of death was within 48 hours prior to the postmortem examination.