HAMIRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the judgment dated September 20,1977 the learned Sessions Judge, Jodhpur convicted the accused Hamira Ram under Section 304 Part I, IPC and sentenced him to rigorous imprisonment for 5 -1/2 years. The accused has come up in appeal to challenge his conviction and sentence.

(2.) BRIEFLY stated, the prosecution case is that accused Hamiraram used to live with his mother Mst. Madu (aged about 50 years) in a Dhani which he had raised in his field situate in Mauja Bhanukalan P.S. Dechu. Mst. Madu became widow nearly 15 years before the occurence took place. The deceased Pepararo Kumbhar aged about 50 years at the relevant time also used to live with his sons in a Dhani which he had raised in his field situate nearly at a distance of one mile from the Dhani of the accused. It is suggested that Peparam developed illicit relations with Mst. Midu Peparam used to visit the Dhani of accused now and then. In the night between 17th and 18th February, 1977, Peparam went secretly to the Dhani of accused but was noticed by the latter. He struck some blows to Peparam with a Lathi. Peparam fell down. There was profuse bleeding from his wounds and he passed away instantaneously on the spot. The deceased's son Lalaram (aged about 16 years) was living with his uncle Gajjaram in village Bhadukalan, where he used to attend a school. At about 6.00 AM on February 18,1977 the accused went to Lalaram and told him that he had killed his (Lalaram's) father by striking the blows with a Lathi to him and that his dead body was lying at his Dhani. Lalaram went to his elder brother Gunaram (PW. 6) and apprised him of the matter. Gunaram took his uncle Dewaram, brother Lalaram and one Malasingh with him and went to the Dhani of the accused. The accused was found there. They asked the accused as to why he had killed Peparam. The accused told them that as Peparam had come to his house in the night, he had killed him. Gunaram (PW. 6) immediately left for Police Station, Shergarh and verbally lodged report Ex. P.7 of the occurrence at about 5.00 PM on the same day. Since the Station House Officer was out of the Headquarters, the case was registered on February 19,1977 on his arrival. The Investigating Officer Vishansingh (PW. 10) who was posted at Police Station, Shergarh sent report Ex. P.7 to the Police Station, Dechu as the offence was committed in the jurisdiction of that Police Station. Thereafter he and the Deputy Superintendent of Police along with a doctor arrived at the spot. The Investigation was taken gup. The autopsy of the victim's dead body was conducted at about 12.30 hours on February 20, 1977 by PW. 13 Dr. Sohansingh, the then Medical Officer Incharge, Primary Health Centre, Balesar. The doctor noticed the following injuries on the victim's dead body:

(3.) I have heard the learned Counsel for the accused and the learned Public Prostcutor. I have also gone through the case file carefully.