DEV LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Dev Lal, appellant has been convicted by the Sessions Judge, Jhalawar, by his judgment dated Oct. 31, 1988 for offence u/s. 302 Penal Code to imprisonment for life and he has filed this jail appeal before this Court. Shri I.R. Saini, Advocate was appointed as Amicus Curiae to represent the appellant.

(2.) The prosecution case is that Kalu Lal s/o Chatraji (PW. 7) lodged a first information report on Dec. 15, 1977 at 10.00 a.m. at Khanpur Police Station stating therein that at about 9.30 a. m. on that day, he was washing at the well of Jagannath Gujar. Kishan Lal Gujar was washing his shirt at the well while Jagannath was moving the 'Charas'. At that time, Narayani deceased was returning from a nearby peepal-tree towards the village. The appellant came from the side of the village with an axe in his hand. When he came near Narayani, he pushed Narayani aside and inflicted an axe blow on her neck, as a result of which, Narayani fell down and expired. The appellant ran back. On this report, the S.H.O. Police Station, Khanpur registered crime No. 149/77 for offence u/s. 302 IPC. The Station House Officer, Police Station, Khanpur went on the spot. He prepared the site plan Ex. P-7 with a memorandum Ex. P. 8. He collected the blood stained sand and the sample sand from the place of incident and seized them. After autopsy of the deceased and seizure of her clothes, the dead body of Narayani was handed over to her brother Gopal Lal.

(3.) It may be mentioned that the appellant could not be arrested and, therefore, a charge-sheet was filed in the Court of Additional Munsif-cum-Judicial Magistrate, Aklera on 12th June, 1978 showing the appellant as absconding. The Judicial Magistrate issued warrant of arrest against the appellant but the same could not be executed. He, therefore, proceeded to record evidence of prosecution witnesses u/s. 299 of the Code of Criminal Procedure. The Judicial Magistrate recorded statements of several witnesses. Ultimately, the appellant was apprehended and arrested on 13.11.87. The case had been transferred to the court of Munsif-cun-Judicial Magistrate, Khanpur, who by his order dated 10th Dec., committed the appellant for trial to the court of Sessions. The Sessions Judge, after holding the trial, found the appellant guilty for the offence u/s. 302 Penal Code and convicted him for the said offence and sentenced him to imprisonment for life.