HEERALAL AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Heera Lal has been convicted by the learned Additional Sessions Judge, Karauli Camp Hindauncity under its judgment dated 27th July 1990 under Sec. 302 Indian Penal Code and has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2.000.00 and in default of payment of fine to further suffer two years rigorous imprisonment. He has also been convicted under Sec. 323 Indian Penal Code and has been sentenced to one month's simple imprisonment and to pay a fine of Rs. 100.00 and in default of payment to fine to further suffer seven days simple imprisonment. The accused-appellant Prem daughter of Shri Sheo Chand has been convicted under section 323 Indian Penal Code, but she has been sentenced to sentence already undergone.

(2.) Dodi PW 4 is the son of Bhonraya PW 6. on 1st April 1984 in the morning Kallan @ Kalyan PW 3 along with Gyarsi PW i had gone to jungle to graze cattle and the cattle trespassed in the fields of Sheochand. Sheochand who thereafter died and Heeralal accused appellants are said to have given beating to Kalyan @ Kallan PW 3 and Gyarsi PW 1 Both returned to their houses. On the same day in the evening. it is said that Prem daughter of Sheo Chand came to the house of Gyarsi and Kalyan and again gave beating to Kalyan PW 3 and Prem is said to have gone to the house saying that she will be coming back with other members of the family. Kalyan thereafter went to Sarpanch to report about the matter When he had left to report to Sarpanch, it is alleged that at about sun-set on the same day. the two accused appellants alone with Sheochand and Gulbai came to the house of Sukhpalia deceased, father of Kalyan PW 3 and others. Sukhpalia was sitting on 'chabutra'. Heeralal was armed with an axe and gave blows with it on the neck of Sukhpalia who fell on the Chabutra and lateron died. Sheochand is said to have caused injuries by its blunt side to Dodi and his father Bhonriya when Bhonriya intervened. Dodi PW 4 went to the police station and lodged a report Ex P 4 where an FIR No. 48 was registered at 12.30 The distance from the place of occurrence as given in the FIR Ex P 6 in the prescribed for m is 12 kms. A case was registered and investigation was set in motion.

(3.) Sukhpalia died as a result of the injury allegedly caused by the accused appellant Heera Lal and Dr. M.L. Sharma PW 12 conducted autopsy en his dead body on 2nd April 1954 and found that there was following external injury on his person.