JIWARAM Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Jiwaram against the judgment dated 13th July, 1984 of the Additional Sessions Judge, Bharatpur, convicting him under sec. 304 part II, Indian Penal Code, and sentencing him to three years rigorous imprisonment and a fine of Rs. 500/-, in default, 3 months further rigorous imprisonment, and under sec. 323 Indian Penal Code to a fine of Rs. 100/-, in default, 1 month's further rigorous imprisonment.

(2.) THE facts leading to the prosecution of the appellant and two other persons, Roop Singh his father and Mst. Bhudevi his wife may be briefly stated as follows: - Deceased Kalyansingh and the injured Sughadsingh PW/3 and the three accused were all residents of village Noorpur. THE accused Roopsingh is the uncle of Sughadsingh and the deceased Kalyansingh (alias Kaluva ). It is said that relations between the accused and the deceased and Sughadsingh had not been happy for some years past. THE prosecution case further is that in the evening of 13th March, 1963, a she-buffalo of Sughadsingh caused some damage to the fodder of Roopsingh and Jiwaram in consequence of which Jeewaram and Mst. Bhudevi belaboured Mst. Bhawari PW/3 mother of Sughadsingh and Mst. Draupadi wife of Kalyansingh. Sughadsingh was not in the village but was at Bharatpur in connection with his service in Central India Machine Manufacturing Co. When he arrived in the village in the morning of 14th March, 1963, Mst. Bhanwari and Mst. Draupadi narrated to him the incident which had happened the previous evening. THEreupon Saghadsingh went to Roopsingh to protest. Roopsingh is reported to have said that till then he had belaboured his mother and sister-in-law but now he would belabour Sughadsingh also. Sughadsingh then went to the common 'baithak' and sat there. After a while, all the three accused came armed with lathi and spear and assaulted Sughadsingh. Kalava the deceased also happened to arrive on the scene and the three accused, it is alleged, inflicted injuries both upon Sughadsingh and Kaluva. Kaluva on receiving the injuries fell on the ground and died on the spot. A report was lodged by Kanjra PW/6 at the Police outpost, Chiksana, and the same was forwarded to the Police Station, Sevar. After investigation, the police submitted a charge sheet against the appellant and Roopsingh and Mst. Bhudevi under sec. 302 read with sec. 34, Indian Penal Code, in the Court of Munsif Magistrate, Bharatpur. After enquiry, the Munsif Magistrate committed them to the court of Sessions Judge, Bharatpur. THE case was tried by the Additional Sessions Judge, Bharatpur.

(3.) APPRAISEMENT of evidence is after all a question of fact and though Judges should be and are to be guided by rules of prudence but in the ultimate analysis they should reach their conclusion in any case on an over all consideration of the facts and the circumstances of individual cases. It will be dangerous in such cases to import inflexibility.