DEEPA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 26.6-1986 passed by the learned Sessions Judge, Sirobi, whereby he convicted appellant Deepa for the offence under section 302 Penal Code and appellants Lalia and Netia for the offences under section 302 read with 34 Penal Code and sentenced each one of them to life imprisonment with a fine of Rs. 50.00 and in default to further under go six months rigorous imprisonment.

(2.) Succinctly stated the facts necessary for disposal of this appeal are that PW 1 Chopa lodged an oral report on 20.6-191.5 at 5.30 p.m. at police Station, Rohida, wherein be informed that on the same day in the noon when he bad gone to the house of Khuma Gameti Bheel resident of Mota Khetar for some domestic work, he found Khuma sitting besides a cot under the mango tree and that on the cot Kbuma's son Ratia was lying dead with injuries on his bead, right hand and back. Be further informed that as per version of Khuma, on the same day at about 11.00 a.m. when Ratia was returning to his house and reached near the house of Kewla, appellants Lalia, Deepa and Netia along with Babu belaboured him with lathis and stones, that on bearing the alarm raised by Ratia. he (Khuma), Bheria, Josh, Bhoja and Ratia's daughter Kumari Tipu had reached there from their houses and that thereupon the afore-mentioned accused persons had fled away. Khuma also informed Chopa that thereafter be had brought Ratia, who was lying unconscious, to his house, where be died. On this information, FIR Ex. P. 10 was scribed and a case under section 302 Penal Code was registeredThe Investigation Officer after inspecting the site prepared the site plan and the autopsy report of Ratia. Be also seized Ratia's blood-stained shirt and dhoti. Appellant Deepa was arrested en 23.61985 and in pursuance to his information dated 24.6-1585 Ex. P. ]4 got one lath recovered from his house vide recovery memo Ex. P. 15. PW 6 Dr. K.L. Bafra, who conducted the postmortem examination of the dead body of Ratia, found a lacerated wound on the right parietal region causing fracture of the right parietal bone. haematoma 1.5 cm x 1 cm on the left temporal region, contusion 3 cm x cm on the right scapular region and another contusion on the left infra scapular region. The doctor opined that the cause of death of Ratia was due to injury and hemorrhage. After usual investigation the police filed the challan against the present appellants only, in the court of learned Judicial Magistrate. Abu Road, who committed the case to the learned Sessions Judge. The appellants refuted 1.l e indictment levelled against them and claimed trial. The prosecution examined as many as nine witnesses. The appellants in their plea recorded under section 313 Cr. PC denied all the circumstances appearing against them and asserted that they have been falsely implicated. However, they did not adduce any evidence in their defence. The learned Sessions Judge by his impugned judgment convicted and sentenced the appellants in the manner detailed ad ultra. Hence, this appeal.

(3.) We have heard Shri M.K. Garg, the learned counsel for the appellants and Shri D.R. Bohra, the learned Public Prosecutor at length and carefully perused the record of the lower court.