MOOLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned Sessions Judge, Jalore dated March 30, 1984 by which the accused appellant has been convicted under Sections 302 and 449, I.P.C and sentenced to undergo imprisonment for life and five years and to pay fine of Rs. 200/ - and 100/ - respectively and in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) THE prosecution case may be summarised thus. During the night intervening 11th and 12th August, 1983, Bhura (deceased) came to the hut of his brother Okha P.W.1 and inquired from him whether his brother Moola (accused -appellant) had come to his hut, he denied, on search with the help of a lighted match stick he (accused) was found sleeping under Okha's cot and thereon he ran away. After Okha's protest with his father Narain his brothers Amra P.W.6 and Achla P.W. -7 came to his hut. While Okha P.W. 1, Bhura (deceased), Amra P.W.6 and Achla P.W.7 were talking, the accused Moola came armed with an axe and inflicted its blow on Bhura's head, he fell down on the ground with profuse bleeding. Amra P.W.6 and Achla P.W.7 cought hold and took him away. On the hue and cry of Okha P.W.1, neighbours including Moda P.W.5 came on the spot. Amra P.W.6 and Achla P.W.7 also came back. The injured Bhura was first taken to the village Sobdawas and thereafter to the Government Hospital, Bagoda. Okha P.W. -1 lodged F.I.R. Ex.P/2 in the Police Station, Bagoda. A case under sections 307, 326 and 457, I.P.C. was registered against the accused Moola, the same day (August 12, 1983), The injured died in the hospital. During investigation, the accused gave information Ex.P/18 and in pursuance thereof, Axe Article 1 was recovered at his instance. After completing investigation, a challan was filed under sections 302 and 457, I.P.C. against the accused Moola in the court of the Munsif cum Judicial Magistrate, Bhinmal who committed him to the court of the Sessions Judge, Jalore.

(3.) IN his statement recorded under Section 313, Cr.P.C, the accused appellant denied the prosecution story and evidence. He has also stated that he has been falsely implicated due to enmity. He did not produce any evidence in his defence.