NARENDRA KUMAR & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his judgment dated 30.8.78 the learned Additional Sessions Judge, Sirohi convicted accused Narendra Kumar under section 302 and the other accused Fate Singh under section 302/34, I.P.C. and sentenced each of them to imprisonment for life with a fine of Rs. 200.00, in default of the payment of fine to further undergo four months' rigorous imprisonment. They have come up in appeal to challenge their conviction and sentence.

(2.) Briefly stated the case set up by the prosecution is that deceased Bhanwar Singh Rajput was the resident of village Kanpura district Pali and was Sarpanch the Grampanchayat. Accused Narendra Kumar is also a resident of that village There sprung up deep rooted enmity between them. The deceased victim filed a revenue suit for division of the agricultural lands against the accused appellant Narendra Kumar and got a receiver appointed. That further embittered the relation between them. The relations of the deceased victim with accused Fateh Singh and his father Sardar Singh co-accused acquitted were also strained. The accused persons, therefore, nursed ill-ill against Bhanwersingh and were in search of proper opportunity to finish him for ever.

(3.) At about 8.00 A.M. on 15.6.77, Bhanwar singh was going on a bicycle from his village to Shivganj. When he reached near the well of one Bherji Rao situate in Mauja Chandna, the accused-appellants came from the opposite direction. Accused Fateh Singh caught hold of the victim and accused Narendra Kumar inflicted a number of blows to him with a dagger. Thereafter the accused-appellant ran away. Bhanwer singh fell down. There was profuse bleeding from his wounds but he did not become unconscious. His cousin Ramsingh (PW 4) while going to Shivganj found Bhanwersingh lying injured with bleeding wounds. He asked Bhanwersingh as to what had happened to him. Bhanwersingh replied that the accused-appellants had stabbed him. Ramsingh put him on a bicycle to take him to the hospital. In the way near the bungalow of one Raichand, they found a Tonga. The victim was placed in that Tonga and was taken to, the hospital. He was immediately admitted for treatment. The victim asked Ram Singh to immediately go to his house and inform the members of his family. Ramsingh went back to Kanpura. The condition of Bhanwersingh had become precarious. The police at Shivgannj was immediately informed on telephone by a peon of the hospital. The Station House Officer Bhikam Chand (PW 19) atonic reached the hospital and found the victim lying in the operation the after Dr. S. P. Purohit (P. W 10) - Medical Officer In charge of the hospital was attending him. The Investigating Officer asked the doctor whether Bhanwer Singh was in a fit condition to give statement. The doctor expressed the opinion that the victim was in a fit state to give the statement. Thereafter the statement of victim Bhanwer singh was recorded by the Investigating Officer. It was attested by Dr. Purohit. The statement recorded is Ex. P. 11. The injuries of the victim proved latal and he breathed his last at about 10.30 A. M. The police registered a case and proceeded with investigation. The postmortem examination of the victim's dead body vas conducted at about 1.00 P.M. on the same day by Dr. Purohit. He found the following injuries on the victim's dead body : External