SURTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE are two appeals by accused Surta (one through jail and the other repesented) against the judgment of the learned Additional Sessions Judge, Jodhpur dated July 31, 1974 convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 50/ -.

(2.) SUCCINCTLY stated, the prosecution case is that deceased -victim Mst. Jatna aged about 45 years was living in village Nimli district Jaisalmer. The accused is the real nephew of Mst. Jatna and is a resident of village Jhankali district Barmer. The distance between the two villages of six miles or so. Mst. Jatna had a field in Mauja Nimli which the accused used to till and cultivate on her behalf. In 1973, Mst. Janta leased out this field in cultivation to one Iedan Charan. This annoyed the accused. On 28 -8 -73, the accused came to village Nimli from his village and went to Mst Jatna. He asked her to cancel the lease and allow him to cultivate her field Mst. Jatna declined to do so. The accused started abusing her. Both of them came to the house of PW 1 Khumansingh. There also the accused abused Mst. Jatna. Mst. Jatna went away in the court yard of PW 3 Sawal Singh situate contiguous to the house of Khuman Singh. The accused followed her. He had an axe in his hand. He repeated his demand for field and Jatna again refused. Thereupon accused Surta struck a blow with his axe on the back of the neck of Mst. Jatna. Mst. Jatna fell down. Accused Surta struck one more blow on her neck with his axe. PW 5 Khumansingh who was standing a few paces away, challenged the accused. The accused then ran away taking the axe with him. PW 2 Jhandsingh, who was standing on a sand dune at some distance came there. He also saw the accused running away. There was profuse bleeding from the wounds of Mst. Janta. she did not survive and succumbed to the injuries soon thereafter. Jhandsingh stood near her dead body and Khumanshingh went to Sanwalingh (PW 3) to appraise him of the incident Sanwalsingh came at the scene of occurrence which was in his own court yard. Balwantsingh (PW 5) and Binjrajsingh (PW 4)were also contacted. Sanwalsingh and Binjrajsingh left in persuit of the accused. Balwant Singh went to Sarpanch Ratansingh and appraised him of the incident. Ratansingh drew up report Ex. P. 1 and gave it to Balwant Singh with directions to immediately go to Police Station. Balwantsingh reached Police Station, Sangar which is nearly 40 miles away from village Nimli, at about 6 -00 PM on 29 -8 -73 i.e. to say on the next day of occurrence and presented written report Ex. P. 1. The police registered a case and proceeded with investigation. It is alleged that Sanwalsingh and Binjrajsingh, who bad gone in search of the accused, caught him out side his village Jhankali. They brought him back to village Nimli in the same night and detained him till the arrival of police. The Station House Officer Anopsingh (PW 24) arrived at the spot on 30 -8 -73. He prepared the inquest report of the victim's dead body. He also inspected the site and prepared the site plan. The blood stained clothes of the victim were seized and sealed. The post mortem examination of the victim's dead body was conducted by Dr. M.M. Bagri at about 4 00 PM on 30 -8 -73. He found the following injuries on the person of the deceased:

(3.) THERE is no room for doubt that the death of Mst. Jatna was homicidal in nature. The accused was convicted on two sets of evidence i.e., the direct evidence of PW 1 Khumansingh and PW 2 Jhandsingh and extra judicial confession alleged to have been made by the accused before PW 4 Binjrajsingh and others. Dr. Bagri was cross -examined but his opinion about the cause of death of Mst. Jatna could not be challenged. Before us also, learned Counsel appearing for the accused did not challenge the finding of the trial court that the death of Mst. Jatna was homicidal.