FULA Vs. STATE

JUDGEMENT

(1.) The appellant Fula @ Fulchand has preferred the instant appeal under Sec. 374(2) of the CrPC to assail the judgment dtd. 14/8/2019 passed by the learned Additional Sessions Judge No.5, Udaipur in Sessions Case No.148/2016, whereby he has been convicted for the offence punishable under Sec. 302 IPC and sentenced to undergo life imprisonment alongwith a fine of Rs.10,000.00 and in default of payment of fine, further to undergo additional simple imprisonment of three months'.

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:-

(3.) Mr. Thawara (P.W.1) submitted a written report (Ex.P/1) to the SHO, Police Station Jhadol, District Udaipur on 15/5/2016 alleging inter alia that on the previous day, i.e. 14/5/2016, he had engaged the tractor of Pratap S/o Shankar Ji for transporting stones. The tractor reached his home at about 02.00 p.m. The informant's son Ambalal, aged 19 years, was sent to the quarry alongwith the labourers Chatarlal S/o Pratap, Kishan S/o Pratap, Gopilal S/o Chhaganlal and tractor driver Kailash S/o Pratap to Mahuda Khadara for loading the stones and transporting them to the field of the complainant, where a boundary was being constructed. Three trips of the stone trolleys had already been unloaded at the field. Thereafter, the tractor had gone back to the quarry for the fourth trip and was in process of being loaded. Chatarlal came to the informant and told him that they were loading stones in the tractor. Ambalal was sitting on the front tyre. The time was about 06.30 in the evening. Fula S/o Nanji (the appellant herein) came there and called Ambalal towards him. He was armed with a lathi of which, he gave a blow on the temporal region of Ambalal with an intention of killing him. Ambalal fell down on receiving the lathi blow. Fula then went away from the spot. Ambalal succumbed to the injuries. On receiving this information, the informant proceeded to the field of Fula and saw Ambalal's lifeless body lying on the ground. The informant got annoyed and questioned the tractor driver and the labourers as to why they did not try to save the boy on which, they stated that despite all their efforts, Fula assaulted Ambalal and ran away. Fula was objecting to the tractor going through the water channel and because of this motive, he had launched the assault. On the basis of this report, FIR No.73/2016 (Ex.P/19) came to be registered at the Police Station Jhadol and investigation was commenced. The dead body of Ambalal was subjected to postmortem at the hands of Dr. Vardichand (P.W.15), the Medical Officer at CHC, Jhadol, who carried out the autopsy and issued the postmortem report (Ex.P/13) taking note of numerous abrasions and marks of swelling on the neck, shoulder, back and arm of the deceased. The Medical Officer noticed blood oozing out from the nose and mouth of the victim. The area underneath the left ear was swollen. All internal organs except the head were unaffected. When the skull was opened, extravasation of blood was noticed. The Medical Officer opined that the cause of death of Ambalal was subdural haematoma as a result of the head injury. Upon conclusion of the investigation, charge-sheet came to be filed against the appellant herein for the offence punishable under Sec. 302 IPC. The case was committed to the Court of Sessions Judge, Udaipur from where, it was transferred to the Court of Additional Sessions Judge, Women Atrocities Cases, Udaipur for trial. Charge was framed against the appellant, who pleaded not guilty and claimed trial. The prosecution examined 16 witnesses and exhibited 22 documents to prove its case. The accused denied the prosecution allegations in his statement under Sec. 313 CrPC and claimed that the victim fell down and received the injuries leading to his death. One witness was examined in defence. Upon conclusion of the trial and after hearing arguments advanced by the appellant's counsel and the learned Public Prosecutor, the learned trial court proceeded to convict and sentence the appellant as mentioned above. Hence this appeal.