MANGOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the conviction and sentence passed by the learned Sessions Judge Jaipur District, Jaipur, convicting the accused-appellant under Sec. 304-1, Penal Code and sentencing to ten years' rigorous imprisonment and a fine of Rs. 500.00, and in default of payment of fine to further undergo two months' rigorous imprisonment.

(2.) The prosecution case, briefly sated, is that on 24-8-1981, Gangapuri lodged a report in the Police Station Renwal at about 12.30 a.m stating that on 23-8-81 his brother Bhagwan Sahai had gone to Doongari Khurd but he did not return. Banshi informed Gangapuri at about 2 p. m. that Maogu Regar of Doongari Khurd has killed Bhagwan Sahai. Thereupon he went to Doongari Khurd saw Bhagwan Sahai lying on the road near the house of Nayak and he was bleeding. He was told that Mangoo has killed Bhagwan Sahai by rapi and the wife of Mangoo and the wife of his brother were also with him. The watch in the hand of Bhagwan Sahai was not available. He took Bhagwan Sahai in the cot to bus-stand and thereafter by Jhonga jeep to Kaladera Hospital. Hanuman and Ghecsa accompanied him to the hospital. Since the Doctor was not available at Kaladera they took him to Chomu hospital where he died. Gheesa and Bhagwan Sahai went to the Police Station, Govindgarh and they were told that they should make a report in the Police Station, Kenwal. Thereupon they came to Renwal Police Station and filed a report. The police registered a case under Sections 307 and 379, Penal Code and after investigation filed a challan. The accused was committed to Sessions.

(3.) The prosecution examined as many as 20 witnesses. The accused denied the allegations of the prosecution witnesses, but did not examine any defence witness. After the conclusion of the trial, the learned Sessions Judge, Jaipur District, Jaipur by his judgment dated 21st July, 1982 convicted the accused-appellants under Sec. 304-1, Penal Code and sentenced him as aforesaid. Hence, this appeal.