HANJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Hanja and Kura wee prosecuted before the Additional Sessions Judege, Udaipur, on charges Under Sections 302 and 302/34, IPC, for having commited the murder of one Kala on the morning of 18.6 75 in village Mundwada. The Additional Sessions Judge, has convicted appellant Hanja of the offence Under Section 302 IPC and appellant Kura of the offence Under Section 302/34 IPG. Both have been sentenced to imprisonment for life.

(2.) THE case of the prosecution is that on 18.6.75 at 9.00 a.m., one Kaduwa (PW 1) lodged a report, Ex. P 1 at Police Station, Kherwara, district Udaipur, where it was stated that Kaduwa had gone to his well for the purpose of fetching water in the morning and he found the accused Kala at the well slightly away, near the 'Badh' , the appellants Hanja and Kura were standing Hanja was armed with a gun and Kura was hiving a stick. Kala told him that Hanja and Kura were demanding money from him which he has not been able to pay to them and, therefore, both of them had come to kill him. The reupon Kaduwa told Hanja and Kura that he will not allow them to kill in his field. Sharda (P.W. 9), the daughter of Kala, also arrived there. After saying that he was going to pay money to them, Kala left the well for the purpose of going towards his house. Kaduwa and Sharda followed him. When Kala reached the 'Mahuwa' tree outside the field. Hanja and Kura came runing and Hanja fired muzzle loading run at Kala in order to kill him and and the gun shot fired by Hanja hit Kala on the palm of left hand as well as the left side of the chest Kura gave a blow with the stick on the back -side of the neck of Kala as a result of which, he fell down and died. On the basis of the aforesaid report (Ex. P 1), a case Under Section 302/34 IPC was registered and the investigation was commenced.

(3.) THE prosecution, in support of its case, examined 18 witnesses. Kaduwa (PW 1) and Sharda (PW 9) have been examined as the eye -witnesses of the occurrence Dr. Surendra Kumar (PW 2) is the Medical Officer who bad conducted the post -mortem examinalion of the deceased and has proved the post -mortem report Ex. P 5. Nawalsingh (PW 3) has proved the extra judicial confession, said to have been made of to him by appellant Hanja on 18 -6 75 at Kherwada hospital. Ratanji (PW 4) and Ramji (PW 5) are the attesting witnesses of the memo of site inspection (Ex. P 2), site -plan (Ex. P 3) and Panchanama (Ex. P 4) Rupsee (PW 6) and Gautam (PW 8) are the attesting witnesses of the seizure memos (Ex P 7) and (Ex. P 8). Kodarlal (PW 7) has been examined to prove that appellant Hanja was claiming a sum of Rs.300/ -from the deceased and that on 16 -6 -75, i.e, two days prior to the incident, a dispute had taken place between the appellants and the deceased With regard to the payment of the aforesaid amount. Abdulla Khan (PW 10) and Chauthmal (PW 11) are the Police Officers who had conducted investigation in the case. Homa PW 11) is the attesting witness of the inquest report, Ex. P 4. Noopa (PW 16) is the attesting witnesses of the seizure memo Ex. P 6. Ratansingh (PW 13) was the constable attached to the office of the Superintendent of Police, Udaipur, who carried the packets containing the gun and the pellets from the office of Superintendent of Police, Udaipur, to the Central Forensic Science Laboratory, New Delhi, Ishaq Mohammed (PW 14) was the Police constable who had carried the sealed packets from Malkhana of Police Station. Hathipur, to the Chemical Laboratory at Jaipur. Puran Prakash (PW 16) was the Tehsildar cum Executive Magistrate, Kherwada, who conducted the identifiation proceedings on 13 -6 -76 with regard to the identification of the gun and the stick and has proved the memo, Ex. P 15, that was prepared by him in respect of the aforesaid identification proceedings. Bishansingh (PW 17) is the Police Constable who carried the sealed packets from the Police Station, Kherwada, to the Office of the Superintendent of Police, Udaipur.