MANPHOOL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two appeals by accused Manphool and Gauri Shankar Against the judgment of Sessions Judge, Shri Ganganagar in Sessions Case No. 169/73 by which Manphool has been convicted under section 302 I. P. C. and sentenced to imprisonment for life, Gauri Shankar has been convicted under sec. 323, I. P. C. and sentenced to six months' simple imprisonment The other two accused Ramji Lal and Bhimraj were acquitted.

(2.) ACCORDING to prosecution the report of the occurrence was first made by the accused Manphool on 25-10-72 at 11-00 A. M. against Harphool Singh deceased. Manphool alleged that at about 7 00 A. M. in the morning when he and his son Gauri Shankar had gone to the field cutting Gowar, after half an hour the deceased came armed with Gandasi He abused Manphool and started beating him. In that process one of big finger was injured. Manphool then snatched the Gandasi and Harpal Singh took out his pistol, Manphool delivered Kassi blows on the wrist of Harpal Singh and Gauri Shankar delivered lathi blows.

(3.) AFTER preparation of the site plan Ex P. 2 description note Ex P. 2-A, Panchayatnama Ex. P. 6 description note Ex. P. 7 blood stained earth memo Ex P. 3, recovery of safa and pair of shoes from the spot by memo Ex. P. 5 the Investigating Officer sent the dead body for post mortem examination which was done on 26-10-72.