PRABHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aroused appellant has filed this appeal against the judgment dated 19.6-199i passed by the Sessions Judge. Jhalawar, whereby the accused appellant has been convicted under section 302 1PC and sentenced to undergo imprisonment for life and to any a fine of Rs 1.000/, in default of payment of fine, to further undergo 3 months' R.I ; under section 324 11PC to six months' R.I. and u.s 447 to undergo one month's R.I. All the substantive sentences were ordered to run concurrently.

(2.) The case of the prosecution as appears from a perusal of the record, is that the accused appellant Prabhulal was a 'HALL' (labourer) of Devilal (PW. 10). On 3- J0.19S9 at about 2 p in it is alleged that when PW 10 Devilal was sleeping, the accused appellant Prabhulal along with Babulal came to his well and immediately thereafter, gave out that they will kill Devilal. Accused appellant is said to have given beating to Devilal on his left hand wrist and thereafter, the accused appellant is said to have given a blow by a knife on tie left hand thumb of Devilal. Therefrom the accused appellant along with Bsbu is said to have gone to the nearby fields of Balaram where Daulat Ram, his son was working and it is said that the accused appellant gave three blows by knife to Daulat Rain. The other accused Babu is also said to have given a blow on the forehead of Daulat Ram. A report (Ex.P.12) of the incident was lodged by PW 10 Devilal at Police Station Sunel; Distt. Jhalawar and a case was registered and investigation set in motion.

(3.) Daulat Ram died as a result of the injuries sustained by him. Postmortem was conducted on his dead body by Dr. Chandra Kishore Srivastava (PW 5). The doctor found that there were three incised wounds? (i) incised wound 1/2" x 1/4" x 1/4" on left scapular region of back mid part, oblique in direction; (ii) stab wound (sharp margin)-1-21" x 1/2" x 2" on right scapular region of back mid part vertical in direction. The right scapular bone is cut over its mid lower and medial part and the underlying rib is cut and pleura was cut, the right lung was pierced, and (iii) stab wound (sharp margin) 2" x li" x 3" on left side of back near and lateral to scapula bone, lower past, oblique in direction. In the opinion of the doctor, the deceased died as a result of Injury Nas. 2 and 3. caused by sharp edged weapon. The injuries were fatal to life and were responsible for instantaneous death.