BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arising out of a common judgment have been preferred by the accused Bherulal one through his counsel and another through the Superintendent, Central Jail, Jaipur against the judgment of the learned Additional Sessions Judge, No. 1, Kota, whereby he convicted the accused-appellant Bherulal for the offence under Sec. 302, Indian Penal Code and sentenced him to suffer life imprisonment and a fine of Rs. 100.00, in default of payment of fine to further undergo one months R.I.

(2.) The prosecution case is that on 29.11.87, at 9.00 p.m., the occurrence took place in Mochi Kalla, Ghantaghar, Kota. In this connection, ASI Abdul Khalil of police station, Makbra has recorded the statement of Bhanwarlal in hospital. In his statement, Bhanwarlal stated that while he was sitting on the Thela in front of his house, Kanhaiyalal and Devilal came and gave him beating with fist and legs. When he enquired from them, whey he has been beaten. They said that brother of the deceased Bajranlal has brust the crakers in front of their house. While they were beating him, PW 1 Kalyan and PW 2 Mahaveer came on the spot and saved him. Thereafter, Bherulal came out of the house and stabbed a knife on the left side of the chest of Bhanwarlal. After receiving the knife injury, he rushed towards the police station. He was followed by Bherulal upto some distance. Thereafter, the injured Bhanwarlal was admitted in the hospital. On the basis of Pareha Byan, the first information report was registered for the offence under Sec. 307 read with Sec. 34, Indian Penal Code. On the next day, i.e. on 30th Nov., 1987, the doctor examined the injured Bhanwarlal, who found one stabbled wound on his left side of the chest. On the same day, the dying declaration was recorded at 12.30 a.m. by the learned Magistrate. The doctor has certified that he is in fit condition to give statement. The injured Bhanwarlal died at about 9 p.m. on 30.11.87. His post-mortem was got conducted on 1.12.87. In the opinion of the doctor, the cause of death was due to haemorrhage and shock as a result of injury on the left lung. Initially, the first information report was lodged under Sec. 307/34, Indian Penal Code but after death of Bhanwarlal, the case was converted and registered under Sec. 302, Indian Penal Code. The site-plan was prepared. The blood-stained clothes were sealed. The accused was absconding and he was arrested on 22.9.88. At the instance of the accused, a knife (Ex.P. 18) was recovered. After completion of investigation, challan was put up in the court of Chief Judicial Magistrate, Kota, who in his turn, committed the case to the court of Sessions Judge, Kota for trial.

(3.) During trial, the accused pleaded not guilty but he claimed for trial. During trial, the prosecution has examined as many as 11 witnesses and also relied upon Ex.P. 1 to Ex.P. 18. Before the learned Addl. Sessions Judge, No. 1, Kota, it is submitted that out of four eye-witnesses, three eye-witnesses have been declared hostile, and one eye-witness i.e. PW 2 Mahaveer, who is interested witness and, therefore, there is virtually no eye-witnesses in the case. It is a case of single injury. The recovery of knife was not proved, therefore, the prosecution has failed to prove the case beyond reasonable doubt. The learned Addl. Sessions Judge has considered the statement of the prosecution witnesses and entire material on record and came to the conclusion that the death is in consequence of knife blow on the left side of the chest of the deceased Bhanwarlal. The injury has been caused by Bherulal, so forcibly with intention to cause death of Bhanwarlal and, therefore, it is a proper case of conviction under Sec. 302, Indian Penal Code. Accordingly, he convicted the accused-appellant Bherulal for the offence under Sec. 302, Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs. 100.00, in default of payment of fine to further undergo 1 month's R.I.