TARANATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by Taranath, Shivji Nath, Hansa Nath, Dhana Nath and Basti Nath against the judgment of learned Sessions Judge, Merta, dated November, 30, 1970, by which Tara Nath was convicted under secs. 302, 324 and 148, I. P. G. and sentenced to imprisonment for life and to pay a fine of Rs. 100/, in default of payment of fine to undergo further rigorous imprisonment for six months under sec. 302, I. P. C. and to three years' rigorous imprisonment under sec. 324, I. P. C. and to two years' rigorous imprisonment under sec. 148, I. P. G. The other four appellants were convicted under secs. 302 and 324 read with sec. 149, I. P. C. and each of them was sentenced to undergo imprisonment for life and to pay a fine of 100/ , in default of payment of fine each to suffer further rigorous imprisonment for six months under sec. 302 read with sec, 149, IPC and each of them to undergo rigorous imprisonment for one year under sec. 324 read with sec. 149, IPC. Out of these, Shivji Nath, Dhanna Nath and Hansa Nath were further convicted under sec. 148, IPC and each of them was sentenced to undergo two years' rigorous imprisonment. Basti Nath was convicted under sec. 147, IPC and sentenced to suffer rigorous imprisonment for one year. All the sentences of imprisonment awarded to each of the appellants were, however, ordered to run concurrently.

(2.) THE incident that led to the arrests and prosecution of the five appellants may be briefly narrated as follows : On June 15, 1969, at about 1 a. m. Ganeshram son of Laduram, Gujar, resident of Goteli lodged a written report of an incident of beating with Roop Singh, Station House Officer at police station, Moondwa. It was alleged in the report that the informant and his son Aashia had brought their bullocks to a well known as 'jhunjhal-wala' to make them drink water. After the bullocks had taken in water, Ganeshram directed his son Akshia to take them back to his house. Akshia took away the bullocks with him and Ganeshram remained at the well. On June 14, 1969, at about 6 p. m. he heard a shout "beat, beat" coming from the direction of a raised platform at the well. On hearing the shout, Ganeshram turned his eyes towards the raised platform and saw Prabhu Nath son of Mala Nath lying unconscious on it. He saw blood morning out of the head of Prabhu Nath. Ganeshram rushed to the raised platform and saw Tara Nath appellant having a sword in his hand, with which he was going to inflict another blow on the body of Prabu Nath. Ganeshram tried to catch hold of the sword with his hand in order to prevent the assailant from causing any other injury to Prabhu Nath. But in an attempt to catch the sword he sustained a blooding injury on his right hand thumb. Taranath thereupon went away from there. THE other four appellants, namely, Shivji Nath, Hansa Nath, Dhanna Nath and Bastinath who had encircled Prabhu Nath at the time when blows were struck upon his body by Tara Nath, also disappeared from the place of occurrence. After the accused had gone away from there, Prabhu Nath's wife and his son Jairamnath came to the place of incident and took away Prabhunath injured in a bullock cart to police station, Moondwa. Ganeshram also went with them.

(3.) THE first circumstance established on the record is that the investigating officer Roop Singh found blood on the thorns which were lying at the entrance gate of the enclosure of the appellants. His evidence on this point is that some thorns were stained with blood and that one or two stalks also were wet with blood. Roop Singh, Station House Officer, made a note of this fact in the site-inspection memo Ex. P. 5 also which is marked A to B. THE presence of blood on the thorns and stalks near about the entrance gate of the enclosure of the appellants could not reasonably be explained away on any other hypothesis than the one that the occurrence or the 'mar-peet' took place at the entrance gate of enclosure. THE explanation given out by the prosecution eye-witnesses for the presence of blood on these thorns and stalks is not at all convincing because no eye witness has said that blood was oozing out from the wound of Prabhu Nath and was trickling down on the ground when his cot was placed on the bullock-cart which was lying in front of the entrance gate for being taken away to the hospital.