SAVIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his Judgment dated April 23, 1979, the learned Additional Sessions Judge, Sirohi has convicted the appellant Savia and Chuna under Section 302, IPC and sentenced each of them to imprisonment for life with a fine of Rs. 200/ -, in default of the payment of fine to further undergo four months' rigorous imprisonment. The appellants have come up in appeal to challenge the conviction and sentence.

(2.) PUT briefly, the prosecution case, which is short and simple, is as follows: PW 5 Mst. Marga and PW 6 Patiya are the parents while PW 1 Babu is the nephew of the deceased Tejiya. The deceased was living with the parents in the town of Pindwara while Babu (PW 1) and his parents were living separately from them. Teja and his father had a field shown by mark 'D' in site plan Ex. P. 30. Contiguous to it, in the North, is situate the field of the appellant Savia. There was a Jhumpa in the field of the deceased. The appellants are also residents of town Pindwara. In the noon of October 20, 1979, Tejiya was working in his aforsaid field. His nephew PW 1 Babu was working in his field alleged to situate nearby. The Arhar crop was standing in his field. The appellants came where Tejiya was working Accused Savia had a gun with him while Chuna had two axes in his hand. Accused Savia fired two shots with his gun at Tejiya. Tejiya fell down. Thereafter both the accused -appellants struck multiple blows to him with the axes. There was profuse bleeding from his wounds and the clothes he was wearing got drenched with it. The appellants thereafter made good their escape. Babu (PW 1) got terribly frightened and he hid himself in the Arhar crop. When the accused went away, Babu came out and went towards Pindwara. In the way, he met his grand mother Mst. Marga (PW 5). He told her that Tejiya was done to death by the appellant. He proceeded further and met his grandfather Patiya (PW 6). Babu (PW 1) informed him also of the incident. Mst. Marga and Patiya came to the place of incident and found Tejiya lying in a pool of blood. He was groaning and moaning with pain but he was unable to speak. He passed away within some minutes. Patiya went to Police Station, Pindwara and verbally lodged report Ex. P. 2 of the occurrence at about 2.30 P.M. The police registered a case and the usual investigation ensued. The Station House Officer Bhagwan Dass (PW 15) immediately reached the scene of occurrence where the deadbody of Tejiya was lying. He inspected the site, prepared the site plan and the inquest report of the victim's dead body. He also seized blood stained soil from there. The medico -legal autopsy of the victim's dead body was conducted at about 9.50 A.M. on October 21, 1978 by PW 7 Dr. V.R. Bhandari, who was then working as Medical Officer Incharge, Government Dispensary, Pindwara. The doctor noticed the following ante -mortem injuries on the victim's dead body:

(3.) BEFORE proceeding further, we may state that the opinion of Dr. Bhandari (PW 7) pertaining to the cause of death of the victim was not challenged before us. We have carefully gone through the testimony of Dr. Bhandari and found no reasons to distrust his opinion. We, therefore, need not detain ourselves on this point It stands proved that the death of Tejiya was not natural. It was homicidal.