BHANWAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed by appellant Bhanwar Singh from jail. It is directed against the judgment and order dated February 18, 1982 passed by the Sessions Judge, Pali in Sessions case No. 22/80. In the aforesaid Sessions case, the appellant was prosecuted in respect of offence under section 302 I. P. C. for having committed the murder of one Raghunath. The Sessions Judge, while acquitted the appellant to the offence under section 302 I. P. C. , convicted him under section 304 part II LP. C. and has sentenced him to undergo rigorous imprisonment for four years and pay a fine of Rs. 400/- and in default of payment of fine to undergo rigorous imprisonment for a further period of four months.

(2.) THE case of the prosecution is that on the date of occurrence, this is, February 23, 1980, Chimansingh, the father of the appellant called the deceased Reghunath and Daulat Singh P. W. 3, to his house and there all the three persons had liquor. THE appellant was also present there. Chiman Singh blamed the appellant for not doing any work and when the deceased asked the appellant to listen to the advice of his father, the appellant lost his temper and gave a fist blow on the chest of the deceased. THEreafter other persons intervened and nothing further happened. After some time the deceased alongwith Daulatsingh, left the house of Chiman Singh and after they had gone out of the house, the appellant came running armed with a lathi. On seeing the appellant the deceased ran and while he was so running, the accused inflicted a lathi blow on his back. As a result of the said blow the deceased fell down on his face and became unconscious. Daulatsingh went and informed the sons of the deceased Viz. Jasraj PW 2 and Parasmal PW4 who took the deceased to the Amrit Kaur hospital, Beawar where he was medically examined by Dr. P. N. Mathur PW 8 on February 24, 1980 at 11. 10 a. m. and vide injury report (Ex. p. 8) four injuries were found on the person of the deceased. After examining the said injuries Dr. Mathur sent the telephonic message to the police station, Beawar city on February 24, 1980 at 11. 20 a. . m. and also sent a slip (Ex. P. 4) to the S. H. O. police station Beawar city. THE deceased died at about 12. 15 p. m. on February 24, 1980. On receiving the aforesaid telephonic information, Shri Nandpuri PW 1 A. S. I, police outpost Chand gate, Beawar reached the hospital and after making enquiries prepared a report (Ex. P. 3) on the basis of which the F. I. R. was lodged at police station Sundra on February 26, 1980 at 6 p. m. On the basis of the aforesaid report a case under section 302 I. P. C. was registered against the appellant and the investigation was started. THE Post-mortem examination of the dead body of Raghunath was conducted by Dr. P. N. Mathur on February 28, 1980 at 1. 10 p. m. vide postmortem report (Ex. P. 9 ). According to the postmortem report there was a fracture of parietal (left) and at left frontal prominence and haemat-ome 2-1/3" x2" on the left tempo-occipital region. THE doctor also found that posteriorly the right lobe of the liver was lacerated nearly 1" x linear x 1/2" deep. According to the said completing the investigation the police submitted a charge sheet against the appellant and after committal to the court of Sessions, the appellant was charged with the offence under section 302 I. P. C.

(3.) I am in agreement with the finding recorded by the Sessions Judge that Daulatsingh is a natural and an independent witness and his testimony is trust worthy Moreover, there is ample corroboration of the testimony of Daulatsingh by the evidence on record. I, therefore, uphold the finding recorded by the Sessions Judge, on the basis of the evidence of Daulatsingh, that appellant had given a lathi blow on the back of the deceased while he was running and that as a result of the said blow the deceased fell down on his face and became unconscious.