CHHOTIA Vs. STATE

JUDGEMENT

(1.) THESE are two jail appeals, one by Chhotia and the other by Sukha and Gobinda accused persons, who were convicted under sec. 302 read with sec. 34 I. P. C. by the Court of Sessions Judge, Jaipur District, on the 21st of December 1951. Chhotia was sentenced to death and the other two accused Sukha and Gobinda to transportation for life. The record of the case has also been received in this court for the confirmation of the death sentence. As all the three cases relate to the. same occurrence they are being disposed of by this judgment.

(2.) THE prosecution case is that there was some enmity between the deceased Isra and the three accused in connection with certain dispute about land. On the 2nd of June 1950 early in the morning before sunrise Chhitar asked his son Isra to go out and to bring some fire for his hukka. Chhitar accordingly went out. A little while later Chhitar heard some noise and went out. He saw Mst. Birdhi being beaten by all the three accused persons and when he went near them he was also assaulted by Chhotia. THE accused, then having left their instruments, with which they were beating, on the spot, ran away. He also saw his son Isra lying with injuries on his head and other parts of his body. THE occurrence of beating was witnessed by a girl Lalia, aged about 12 years, who is P. W. 3. She came out of her house at that time to make water and saw the three accused beating Isra in front of a Tibara. She immediately ran and informed Mst. Birdhi, wife of Isra, who came out to the spot and raised a hue and cry. Lalia then went to her house and informed her father about the beating of Isra at the hands of all the three accused. Lalia's father Gopal also came on the spot and saw all the three accused present there armed with mogri, jura and a juri. After he reached the spot the accused persons having left their weapons there, ran away. He found Isra wounded and lying unconscious. Ganesh, Chhotia and Panchia also came on the spot and saw Birdhi being beaten by all the three accused persons. Ganesh went to Thikana Achrol and got the first information report written by Chhitar-mal. THE first information report was however presented at the Police Station Chandwaji the next day at about noon. Isra was sent to the hospital and he died the next day. His post-mortem examination was performed by Dr. B. C. Chatterjee and it was found that there were in all nine injuries on his person. One injury on the head was fatal by which the right parietal bone had been smashed. Except three injuries which were caused by blunt weapons the rest of the injuries were caused by burning. THE cause of death was haemorrhage and shock. THE fatal injury was only one which was on the head of the deceased. THE other injuries were simple. THEre were also several injuries on the body of Birdhi which were all simple.