DAN MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Additional Sessions Judge Baran, has convicted the appellant by his judgment, dated 3.2.1990 for the offence under section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 2,000/-. In default of payment of fine he has been ordered to undergo rigorous imprisonment for one year. Against this conviction and sentence the appellant has preferred this appeal.

(2.) The incident out of which this case arises occurred on 30.9.1989 at about 9.00 p.m. in village Nanavata. The deceased Balram and his brother Ram Dayal were going from the village to see Ramleela at village Nanavata and when they were at the Khali of Dhobi Ghat, accused appellant came there and threatened to kill him because he (Balram) had given evidence against him (accused Dan Mal). Thereafter Danmal gave a Dhariya blow on the head of Balram by which Balram Weeded profusely. The deceased fell down unconscious while the accused ran away with the Dhariya. First, a case under section 307 IPC was registered on the basis of the information lodged by Ram Dayal. Balram was taken first to Atru then to Baran, but was not alive when he reached Baran. The case was converted to section 302 IPC. On postmortem the following injuries were found on the deceased and in the opinion of the doctor cause of death was as under :

(3.) The main witness in the case is Ram Dayal P.W. 2 who is the brother of the deceased and is the author of the first information report Ex. P/l. The written report Ex. P/l was presented at the Police Station at 1.25 a.m. on 1.10.1987. At that time he was accompanied by his injured brother Balram. In the police proceedings endorsed on the FIR there is no mention of any other person who had accompanied them. However, in the report Ex. P/l it has been stated that while Ram Dayal informant was going to Nanavata along with his brothers Balram and Ramprasad, for watching Ramleela, in the way they met Danmal appellant, who told Balram that he had given evidence against him therefore he would kill him. He had a Dhariya in his hand with the intention of killing Balram, he struck a blow on his head. Ram Dayal and Ram Prasad tried to intervene then Danmal ran away towards his village Banganga. It is mentioned in the report that it was moonlit night and they had clearly seen the accused running with a dhariya. While in the witness box PW. 2 Ram Dayal stated that two months prior to the incident there was a quarrel between accused and Gangaram, brother of Ram Dayal. However, he has not been able to state as to in which case the deceased appeared as a witness against the accused or he was cited as a witness. He only said that Balram had given statement against the accused Danmal at the Police Station. Even the existence of this police statement has not been established.