SHRI KISHAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Shri Kishan who has been convicted Under Section 302 I.P.C. for committing the murder of Ramchanandra and sentenced to imprisonment for life by the judgment dated 22nd June, 1970, of the Addl. Sessions Judge, Baran.

(2.) IN the after -noon of 11th August, 1969 Ramchandra was lying on a cot in the Chhapra of Haziri situated in village Khurai. District Kota, Hizari was preparing a rope in the Chhapra of the Nohra of Ramchandra which was just opposite to that of Hazari in the village. Mangilal s/o Ramchndra deceased was also in the Nohra near about the place where Hizari was working. Mishri chowkidar of the village (P.W. 1) happened to pass that way. Ram Chandra called him and told him to bring Ram Singh and the ascused Shri Kishan as he had some court notices to be served on them. After a while Mishri brought Ramsingh ahd Shri Kishan to the chhapra of Hazari. Shri Kishan and Ramsingh had lathies in their hands. Shri Kishan did not go to Ramchandra and he went to the house of Ratanlal nearby the chhapra. However, Ramsingh went and sat on the cot with Ramchandra and talked to him. After sometime there ensued an alteraction and the two persons Ramchandra and Ramsingh grappled with each other. Ramchandra perhaps had the upper hand and as such Ramsingh shooted for help. It brought Shri Kishan to the place, who, soon after reaching, inflicted a lathi blow on Ramchandra while he was held by Ramsingh by waist. This blow struck Ramchandra on head. Shri Kishan gave further blows on the jaw, the legs and the hands of Ramchandra. Mangi Lal, who witnessed the incident cried and it attracted Banshi (P.W. 3) to the scene of occurrence. Kalyan and Balmukand came to the place of occurrence and they rescued Ramchandra and took away the two accused Ramsingh and Sari Kishan from that place, Chhoga and Mishri Lal (P.W. 8 ) brother of the deceased also came and they found Ramchandra lying injured and in an unconscious state. Maloom Singh (P.W. 6) mukhia of the village soon after reached the place of occurrence and found Ram:handra unconscious. He also noticed the injuries on his head, legs and the jaw, Misri Lal and the Chhoga covered Ramchandra by a quilt and removed him to his house. The same night Ramchandra succumbed to his injuries. Next morning, Maloomsingh (P.W. 6) called Mishri Chowkidar (P.W. 1) and aeked him to lodge a report in the police. Mishri Chowkidar (P.W. 1) accompanied by Daula (P.W. 1) lodged the report at the police station Bapcha 29 miles from the village, at 12.00 on 12 -8 -1969. The report has been marked as Ex. P/1. Shri Kishan Singh (P.W. 10) S.H.O. of the police Station, Bapcha took the investigation in hand. He called Dr. T.R. Sikadar (P.W. 7) medical officer Chhabra to conduct the post mortem examination in the village itself. As a result of his examintion, Dr. Sikadar found the following five external injuries on the person of the deceased: 1. Fracture of the right elbow joint. 2. Fracture of the left arm on the middle position.

(3.) FRACTURE of the left parietal bone with lacerated wound on the scalp measuring 3' x 1' x bone deep.