KEVJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT appeal is directed against the judgment dated 25. 07. 2001 passed by the Sessions Judge, Udaipur convicting the appellant of offence under Section 302 I. P. C. , and sentenced to imprisonment for life and to pay a fine of Rs. 2000/-, in default of payment further undergone simple imprisonment of three months.

(2.) THE appellant Kevji stood trial for the charge of the murder of one Naru along with two lady accused namely Smt. Bhulki and Smt. Meera. THE prosecution case as projected during the trial is that on receiving a telephonic message about the death of a person, police reached to the hospital at Dhariawad and recorded the statement Ex. P-1 of PW-1 Narayan. He stated inter alia that on the preceding day at about 7:00 PM the appellant Kevji armed with kulhari and two other accused Smt. Bhulki and Smt. Meera (since acquitted) armed with lathies mounted attack on his father Naru on the way near his house. Kevji gave a kulhari blow on the head of his father. After he had fallen Smt. Bhulki and Smt. Meera inflicted lathi blows on his back. He took his father to the Primary Health Center at Mungana. As the doctor was not available he was taken to the hospital at Dhariawad in a jeep where he succumbed to the injuries. Watercourse was attributed the cause of dispute between the parties. On this information Police registered a case for offence under Sections 302, 301 and 341 I. P. C. , and triggered the investigation. THE Police prepared the site plan and inquest report, blood smeared soil and control soil was collected and packed on the spot. Post-mortem of the dead body was conducted on the spot. THE accused persons were arrested and the recoveries were made. After usual investigation Police laid charge-sheet against the three accused persons for offence under Sections 302, 302/34 and 341 I. P. C.

(3.) TURNING to the testimony of PW-4 Bapuda, he is the cousin of the deceased. He has stated that at the time of incident he was sitting alongwith Narayan at his resident. The cries of Narayan's father attracked them to the scene of occurrence. He along with Narayan rushed to the field of Rama and found deceased lying unconscious. He has also stated that in his presence appellant Kevji dealt a kulhari blow and two other accused persons namely Smt. Bhulki and Smt. Meera inflicted lathy blows on the deceased. When they were only at a distance of about 10 to 15 yards the accused persons armed with their respective weapons, escaped from the scene of occurrence. In the cross-examination he pleaded ignorance to the fact as to how deceased reached to the field of Rama. This aspect is significant for the reason that if he was sitting with PW-1 Narayan then he must have also seen the deceased being picked up from the field and taken to the field of Rama by the assailants. It appears from the evidence that on being called by PW-1 Narayan, he accompanied him to the place of occurrence.