MASRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned Sessions Judge, Jalore dated November 24, 1984 by which he has convicted the accused-appellant under section 302, I. P. C. and has awarded life imprisonment.

(2.) THE case of the prosecution may be summarised thus. On October 18, 1983 at 8. 15 P. M. , Lalgar Swami P. W.-l resident of Tapi (Sanchore) lodged report Ex.-P/1 in the Police Station, Sarvana (Jalore) to the effect that he alongwith his brother Songar (deceased) and Harsinga Nai P. W.-2 was going to meet Bagekhan P. W.-5 to cultivate his (Bage Khan's ) land situated on the boundary of the village Tapi, Songar (deceased) was on the mare and was going ahead of them, near the river Looni, the accused Masra came out from the babool bushes with an axe in his hand and asked Songar (deceased) to stop, he gave an axe-blow on his head, he fell down from the mare, they (Lalgar and Harsinga) ran towards Songar, meanwhile the accused Masra gave another blow with his axe on his neck and, thereafter, he ran away. It has further been stated in it that as a result of the attack, Songar died, the started weeping, Harsinga went to the village and informed the inmates of the village, Kesra Ram came and saw the accused running away with an axe and leaving behind Kesraram and other villagers there he came to lodge report alongwith Sarpanch. THEreon, F. I. R. Ex. P/10 was drawn and case was registered under section 302, I. P. C. against the accused. On October 20, 1983, the accused was arrested and on information under section 27, Evidence Act, axe Article-1 was recovered. After completing investigation, a challan was filed under Section 302, I. P. C. in the court of the Munsiff-cum-Judicial Magistrate, Sanchore who committed him to Sessions.

(3.) IT is well proved from the evidence on record that the deceased Songar died on October 18, 1983 at 2. 30 P. M. due to shock and extensive haemorrhage as a result of the injuries to his brain, spinal cord and large vessels and his death was homicidal in nature.