JASIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE prosecution story, in brief, is that P W. 1 Mst. Indra Barber, after the death of her husband Mool Chand, contracted another marriage with deceased Phool Chand Balai, of Marwar Junction Mst. Indra had a daughter by her former husband. She went to Jalore to negotiate with accused Jasiya in connection with the marriage of her daughter. Jasiya lived in front of the female Hospital, Jalore. When Mst. Indra did not return home for a couple of days, Phool Chand Balai also went to Jalore. On June 12, 1969, at about '11 p.m. he reached Jasiya's shop, where he saw his wife Mst. Indra and Jasiya sitting on a 'Chabutri'. At that time the road light was on. Phool Chand told Indra as to why she had not returned home earlier. Jasiya intervened and spoke to Phool Chand that Indra's daughter's marriage had not so far been finalised and unless that was done. Indra should not leave Jalore. Phool Chand did not agree to it. This infuriated Jasiya, and he grappled with Phool Chand.

(2.) THE contention of learned Counsel for the appellant is two -fold. His first grievance is that there is no reliable evidence on the record to show that it was accused Jasiya who caused the head injury on the person of Phool Chand. His second complaint is that even if it is held that Jasiya was the author of the head injury of deceased Phool Chand, it cannot be concluded that Phool Chand died of it as it was simple in nature.

(3.) SHANTI Lal, P.W 3, has said in the examination -in -chief: I did not see anybody striking blows. The evidence of Shanti Lal who has turned hostile to the prosecution, is also, therefore, of no consequence.