DEEPLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant stands convicted of the offence under Section 302 I.P.C. and has been sentenced to imprisonment for life by the learned Sessions Judge Sri Ganganagar by his judgment dated April 27, 1976.

(2.) THE prosecution case, in brief, is that the appellant was serving the deceased Bakshis Singh on a salary of Rs. 1200/ - per year, on 18. 12. 74 one Ramnath Bagwan (P.W. 4) came to the deceased Bakshis Singh and told him that the appellant Deepla had stolen 'Maltas' from the garden which he had taken on lease from Gyansingh on the night intervening Friday and Saturday. The deceased asked the appellant about it First the appellant refused but then he confessed the fact of theft of 'maltas. There upon it is said that the deceased asked the appellant either to seek apology from Ramnath Bagwan or to pay compensation to him. Thereafter the son of the deceased, namely Gurmitsingh and the appellant went to the field situated at Chak 65 G. B. Bakshis Singh came to the field at noon with meals. After taking the meal, the accused Deepla told Bakshis Singh that he will not serve and his account may be settled, both of them left the field. The deceased was ahead of the accused. It is said that the accused gave 'Kasia -blow' on the head of Bakshis Singh and repeated one more blow on his head. The occurrence was witnessed by Gurmit Singh and two more witnesses, namely, Mahendrasingh and Bhajansingh. Mahendrasingh was working in the nearly field and Bhajan Singh had happened to came to the field from the way which was just near the place of the occurrence. As a result of injuries Bakshis Singh fell down. He was then removed to the house and from there he was taken to Anopgarh hospital but on being advised he was taken for treatment to Ganganagar hospital. Bakshis Singh succumbed to the injuries on 19.12.74 at 10.30 A.M. Before that report of the occurrence was lodged by Gurmit Singh at the Police Station Anupgarh on the day of the occurrence at about 4.30 P.M. The case under Sections 307 and 324 I.P.C. was registered but after the death of Bakshis Singh it was converted to one under Section 302 I.P.C. The deceased was first medically examined and the following two injuries were found on his person:

(3.) WE have heard Shri B. Advani Amicus Curiae for the appellant and Shri M.C. Bhati learned Public Prosecutor for the State.