STATE OF RAJASTHAN Vs. BADRI

JUDGEMENT

(1.) ALL these three matters -D. B. Criminal Murder Reference No. 2 of 1974 - the State of Rajasthan v. Badri, D. B. ; Criminal (Jail) Appeal No. 99 of 1974. Badri v. The State of Rajas-than and D. B. Criminal Appeal No. 67 of 1974- Badri v. State of Rajasthan arise from the judgment of the learned Additional Sessions Judge, Ganffapur City dated 18th of January, 1974, whereby the learned Judge has convicted Badri appellant under Section 302, Indian Penal Code for causing the murder of Mst. Somoti and sentenced him to death. He has also convicted Badri under Section 307. Indian Penal Code for causing gun shot injury to Sanwalia and sentenced him to 10 years' rigorous imprisonment. Along with Badri his nephew Bhambal has also been convicted with the aid of Section 34 for offences under Sections 302 and 307, Indian Penal Code and under the former offence he has been sentenced to imprisonment for life while 10 years' rigorous imprisonment has been awarded under the latter offence. This judgment will dispose of all the aforesaid three matters.

(2.) THE prosecution case, in brief, was that on 20th of September, 1973, Sanwalia, his wife Mst. Somoti and his elder son Ramdhan (P. W. 3) were coming back to their village from Rasidpur where they had gone to participate in a feast arranged by their friend Ratna Gujar in connection with the Shradh ceremony of his father. They had heard a sound of somebody coming from behind when they were passing through the jungle known as Morakhiya-ki-dungri. All these three persons stopped and looked back to see as to how the sound was coming, and they saw that Badri and Bhambal were chasing them. Badri was armed with a double barrel muzzle loading gun and Bhambal had a sword in his hand, Badri opened a fire from his gun resulting in the instantaneous death of Somoti. At this Sanwalia and his son entreated Badri not to behave in that manner but he did not listen to them and opened another fire injuring Sanwalia on his right thigh. Sanwama immediately fell down because of the gun shot injury sustained by him. Sanwalia was carrying in his lap his youngest son aged 1 1/2 months and Ramdhan had his younger sister aged about 2 years in his lap. Ramdhan immediately removed both the kids from the place of occurrence to a nearby Dhani and after leaving them with P. W. 5 Gokul, he proceeded to the Police Station, Sapotra to lodge the report. The first information report recorded at the Police Station, Sapotra at the instance of P. W. 3 Ramdhan is Ex. P-2 on the file. On hearing the news of the incident few persons living in the Dhani came to the spot and administered water to Sanwalia The Station House Officer Shankerbux Singh (P. W. 6) reached the spot in the evening where the dead body of Mst. Somoti was lying. Sanwalia and the body of Mst. Somoti were removed to Sapotra where Sanwalia was medically examined by Dr. Jagmohanlal (P. W. 4 ). The postmortem examination of the dead body of Mst. Somoti was also performed by the same doctor who found that the lady had died of gun shot wound and that Sanwalia had sustained a gun shot injury in his right thigh.

(3.) AFTER investigation both Badri and Bhambal were challaned in the court of the Munsif-Magistrate First Class, Karauli from where they were sent to the Court of Session to stand their trial for offences under Sections 302, 307 302/ 34 and 307/34, Indian Penal Code.