CHHOGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been preferred by the appellant questioning the correctness of the judgment dated 22.2.2001 of the learned Sessions Judge Jodhpur in Sessions Case No. 103/1999, whereby the appellant has been convicted and sentenced u/s. 302 Penal Code to suffer imprisonment for life and fine of Rs. 1,000.00, in default to further undergo one month simple imprisonment.

(2.) Put briefly the prosecution case is that on 19.6.1999 at 9.30 a.m. Himmata Ram Jat along with Taj a Ram Jat (now deceased) reached at the Police Station Osian and submitted written report (Ex.P/1) to the effect that around 7.3.0 a.m. when Taja Ram was going from his Dhani to Tube-well, Chaina Ram, Chhoga Ram (appellant), Sona Ram, Kirpa Ram and Sint. Rupi made assault on him with Lathi, Dharia and Pharsi. Taja Ram fell down on account of head injury. Police Station Osian registered a case u/ss. 307, 341, 148 & 147 Penal Code and investigation commenced. Injuries sustained by Taja Ram were examined and he was referred to M.G. Hospital Jodhpur but on the way he died and offence u/s. 302 Penal Code was added. Dead body was subjected to autopsy. Statements of witnesses u/s. 161 Crimial P.C. were recorded. The accused were arrested and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Sessions Judge Jodhpur. Charges u/s. 302 in the alternative 302/149 Penal Code were framed against the accused persons who denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. The accused claimed innocence in their statements u/s. 313 Crimial P.C. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant-Chhoga Ram as indicated above. Co-accused-China Ram, Sona Ram, Kirpa Ram and Sint. Rupi were however acquitted.

(3.) Having heard the rival submissions and scanned the material on record we find that as per statement of Dr. Alok Rakawat (PW-16) who examined the injuries of Taja Ram, as many as eleven injuries were sustained by him out of which one lacerated wound was on head and other injuries were on non-vital parts of the body. Dr. V.K. Malhotra (PW-15) performed autopsy on the dead body and as per post-mortem report (Ex.P/29) the cause of death was ante-mortem head injury. Himmata Ram (PW-1), Sugni (PW-2), Madan Lal (PW-3) and Bishna Ram (PW-4) were examined as eye-witnesses of the occurrence. Conjoint reading of their statements demonstrates that incident occurred all of a sudden on a spur of moment. The appellant at the time of incident was not armed and prior to the incident the appellant and deceased exchanged hot words in regard to using water of the Tube-well. It appears that appellant lost control, removed Jatuda (stick used in camel cart) from the camel cart and inflicted a blow on the head of the deceased. He neither repeated the blow nor acted in cruel manner. He did not take undue advantage of the situation. Other injuries received by the deceased were attributed to co-accused persons who were acquitted by the learned trial Judge and judgment of acquittal has not been assailed before us. In Mohan Singh Vs. State of Rajasthan, 2001(3) WLC 373 in a similar situation Division Bench of this Court indicated that when the accused did not act in a cruel manner and blow was not repeated, the accused was liable to be convicted u/s. 304 Part II IPC. In that case, single blow was inflicted on the head of the deceased with axe and cause of death was injury to temporal bone.