ROOPSI @ ROOPJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a jail appeal against the Judgment of learned Sessions Judge, Doongarpur whereby the learned Sessions Judge has held the accused appellant guilty of the offences under Sec. 302 Indian Penal Code and has sentenced him life imprisonment together with a fine of Rs. 100.00 in default of payment of fine to further undergo one month's rigorous imprisonment.

(2.) The facts briefly to be noticed for the disposal of the appeal are that the accused-appellant and deceased were on inimical terms because the deceased has given the niece of accused in Natta and received consideration for it and it is alleged that deceased had also beaten the accused appellant, earlier, On the date of occurrence i e. 8-7-1985 at about 7.00 P M., the deceased went to bring the medicine for his ailing bullock, but when he did not return in the evening, deceased's wife Smt. Iteli informed his son Roopa that his father, who has gone to bring the medicine for the bullock has not returned back. Thereupon deceased's son Roopa alongwith his uncle Lalji, who was present in the house, went in search of deceased Hurji. They reached near the field of accused appellant and found that appellant was beating Hurji by giving him kicks which have resulted into four outer injuries, which in turn resulted in fracture of right 5th. 6th and 7th ribs transversely and further resulted in fracture. of left 5th, 6th rib transversely and a fracture of upper If ⅓ strenum. As a result of these injuries Shri Hurji died. When the witnesses reached there, the accused appellant cried and ran away towards his house The incident was seen not only by PW- I Roopa and PW.2 Lalji, but it was seen by PW 3 Mana and PW-4 Gautarn The deceased was gasping for breath at that time and thereafter he died. The report of this incident was lodged at P.S. Chitri and the post-mortem of the dead body of the deceased was conducted. After investigation the case was challenged in the Court of Munsif and Judicial Magistrate, Sagwara, from where it was committed for trial to the Court of learned Sessions Judge, Doongarpur who after completing the trial held the accused appellant guilty of the offence under Sec. 302 Indian Penal Code and sentenced him to life imprisonment, and a fine of Rs. 100.00 and in default to further undergo one month's RI for default in payment of the amount of fine.

(3.) Mr. M.K. Garg, appearing on behalf of accused appellant does not challenge the incident and the involvement of the accused in it, but he submits that in this case the appellant had neither an intention to kill the deceased nor he was armed with any weapon. He was not knowing that deceased will come that way and the incident took place only on account of previous enemity about the appellant's niece and beating which has been given by the deceased to the appellant only by kicks. The appellant has caused these injuries only by kicks. Therefore, keeping in view the number and nature of injuries and the internal damage caused by them, the case does not travel beyond Sec. 304 part II Indian Penal Code. This submission of Mr. Garg is seriously opposed by Mr Hedar Agha, the learned Public Prosecutor who submits that keeping in view the nature of injuries, it was definitely a case of intentional murder and therefore, the accused has been rightly held guilty for the offence under Sec. 302 Indian Penal Code by the learned Sessions Judge. He has supported the Judgment for reasons given by the learned Sessions Judge in his impugned Judgment.