STATE OF RAJASTHAN Vs. RAMA

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated October 26,1976, passed by the Additional Sessions Judge, Udaipur, by which the learned Additional Sessions Judge acquitted the accused-respondent Rama.

(2.) ACCUSED Rama was tried by the learned Additional Sessions Judge, Udaipur, for the offences under Sections 307, 326 and 452 I. P. C. The case of the prosecution is that Smt. Deetli (PW 2), who had come in the Natra of PW 1 Roopa about five to seven years before the date of the incident, was earlier married to accused Rama. Smt. Deetli left her earlier husband-accused Rama and came to the Natra of the injured Roopa (PW 1) and as per the customs, prevalent in the Aadiwasis, Roopa paid 'chhutapa' amount to the accused. Somedays after the Holi festival, accused Rama met Roopa and asked him that he had not paid the 'chhutapa' amount and, therefore, he will see him as well as Smt. Deetli. In the intervening night between 17th and 18. 09. 1974, when Roopa, alongwith his wife Smt. Deetli, was sleeping in the 'padsal' of his house, at about 10. 00 to 11. 00 p. m. , the accused came there and inflicted injury on his hands. After receiving the injury, he got up and cried and hearing the cries, Smt. Deetli (PW 2), also, woke-up. As soon as they got up, they saw the accused Rama standing armed with a sword and aimed the second blow on his neck, which was intercepted by him by raising his hand and the accused could not inflict another injury and ran away. At that time, it was dark-night but he could identify the accused as he was married to the sister of his wife. The prosecution, in support of its case, examined ten witnesses. PW 1 Roopa and PW 2 Smt. Deetli are the two eye-witnesses to the occurrence. PW 3 Bheema and PW 4 Bala reached at the place of the occurrence after hearing the cries of PW 1 Roopa and PW 2 Smt. Deetli immediately after the occurrence. PW 5 Thawra has been produced by the prosecution to prove the motive of the crime. PW 6 Roopsi is a Motbir witness to the recovery of the blood on the wall and the recovery of the sheath of the sword and a small stick. PW 7 Raghuveer Singh, Station House Officer, has been produced with respect to the recovery of the sword from the house of the accused. PW 8 Dr. Surendra Kumar Mathur has been produced to prove the injuries on the person of the injured Roopa while PW 10 Dr. S. S. Buxi, who was Medical Jurist, has been produced, who had sent the requisition for x-ray of the injuries of Roopa, the injured. PW 9 Kalyan Singh was the Station House Officer, who conducted the investigation.