GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated August 9, 1989, passed by the Sessions Judge, Banswara, by which the learned Sessions Judge convicted and sentenced the appellant for the offence under Section 304 part II, I. P. C.

(2.) THE incident, which led to the prosecution and trial of the appellant Gautam took place on Dec. 13, 1986 at about 4. 00 P. M. in the house of PW 1 Ditiya. THE case of the prosecution is that Smt. Toli wife of accused Gautam had come to meet his maternal uncle Ditiya. Her husband Gautam- the present accused-appellant-came to the house of PW 1 Ditiya at about 4. 00 P. M. and gave beating to Toli by legs, due to which she died. At that time PW 1 Ditiya, PW2 Mst. Kali, PW 9 Bhooli and PW10 Dhooli had gone to their field. THEy heard the cries of Smt. Toli and when they reached the house, Smt. Toli was vomitting and was feeling pain and she became unconscious when they reached there. Accused Gautam was standing there at that time. On enquiry, the accused made a confessional statement that in a state of anger, he gave blows by legs to the deceased as she had come to her maternal-uncle without any permission and by leaving her daughter. THE prosecution, in support of its case, has examined fifteen witnesses in all. Out of the fifteen witnesses. PW 1 Ditiya, PW 2 Kali, PW 9 Bhooli, and PW 10 Dhooli have been produced as eye witnesses to the occurence. THE evidence of the eye witnesses are sought to be corroborated by the evidence of PW 3 Lalu, PW5 Gautam, PW 6 Kacharu, PW 8 Keshari and PW 12 Hariya, who have been produced to prove the extra judicial confession made by the accused-appellant. THEother witnesses, how have been produced to sought the corroboration are, PW 7 Kaluram, PW 8, Keshari and PW 11 Nagji THEse are the witnesses who are the relatives of the deceased Toli or the brothers. THEn there is the evidence of PW 13 Mohd. Sayeed Head Constable, Incharge, Police Station Khamera, where the First Information Report was lodged and who, also conducted the investigation. PW 14 Lehru Lal is the Traffic Inspector (Mobiles), Udaipur, who, also, witnessed the preparation of various documents prepared by Mohd. Sayeed H. C. PW 15 is Dr. Anil Banveer, who performed the post mortem and according to Dr. Anil Banveer, the cause of death of Smt. Toll was shock due to the injury to the vital organ, which are spleen, liver, lung and large intestines producing internal haemorrhage and neurogenic shock.