CHELDAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Cheldan was tried by the Additional Sessions Judge, Sikar for the offence under section 302 I.P.C. for the murder of Mst. Roori. He was convicted for the same and was sentenced to imprisonment for life. Aggrieved by the order of conviction and sentence passed by the Additional Sessions Judge, Sikar vide his judgment dated 23-11-1972 in Sessions Case No. 43 of 1971, the appellant Cheldan has preferred this appeal.

(2.) The prosecution case, in brief, is that as per site plan Ex. P/6 the agricultural field No. 214 known as Dudhoni belongs to and is in cultivatory possession of the complainant Nanagram Mali. The agricultural fields Nos. 394 and 109 are the fields in the prosecution of Bharudan Baretha. Field No. 110 is in the cultivatory possession of the complainant Nanag Ram Muli, and the field No. 111 though in the Khatedari of the appellant, is in cultivatory possession of the complainant Nanagram. It is alleged that the crop was sown in the field No. 214 as also in field Khasra No. 111 and plants grew up and the crop needed weeding out the grass. It is alleged that on 27-7-71 Nanagram along with his mother Mst. Badami P. W, 14 and his wife Mst. Roori aged about 19 years, had gone to the field No. 214 'Dudhani' to weed out the grass. At about 6 p. m. appellant Cheldan and the other accused Shambhuden (since absconding), cousin of Bherudan, came in the field armed with two muzzle loading guns and asked the complainant party why they were uprooting the grass from their field. Cheldan thereupon hurled abuses to them in obscene language and asked them to get out of the field otherwise he will shot them. In turn, Mst. Roori also rebuked Cheldan. Cheldan appellant fired his gun towards Mst. Roori, pellets of which hit her chest. Mst. Roori fell down, Shambhudan also tried to aim the gun at them. Mst. Badami ran towards him and caught bold of him and snatched his loaded gun. The complainant Nanag Ram also caught hold of the appellant Cheldan and snatched his gun. The appellant as well as Shambhudan fled away leaving their guns and a bag containing some ammunition. Mst. Roori succumbed to her injuries. An oral report was lodged on the same day at about 7.30 p. m. by Nanag Ram PW. 2 who was accompanied by Rameshwar Lal and Bodu Ram at the police station, Srimadhopur . This report was scribed as first information report and it is Ex. P/2. The Investigating Officer reached the spot late in the night. He left some constables to guard the dead body. He apprehended the accused Cheldan from his house. In the next morning he inspected the situation and prepared the site plan Ex. P/8. He found the dead body of Mst. Roori lying on the border of field 'Dudhani'. The unloaded gun Ex. A. 1 belonging to the accused-appellant Cheldan and the loaded gun Ex. A. 2 (alleged to be of the 'accused Shambhudau) and a bag Ex. A. 3 containing a bottle of gunpowder Ex. A. 5 a carbon of cooper caps (Ex. A 6) and the small pellets of stone Ex. 7 were found lying near the dead body. A turban alleged to be that of the appellant (Ex. A.8) was also found lying near the boundary line of the field of Bhagwan Ram. The seizure memo Ex. P/9 was prepared. Samples of blood stained coil were also taken, seizure memo for the case is Ex. P 10 . The inquest report was also prepared which is Ex. P 11. The seizure memo of the guns and bag Ex. P 7 was also prepared by him.

(3.) Autopsy of Mst. Roori was performed by Dr. Ramakant and be found til* following injuries on her person