RAHIM BUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his judgment dated Oct. 26, 1979 the learned Sessions Judge, Churu convicted the appellant Rahim Bux under section 302, I. P. C. and sentenced him to imprisonment for the life with a fine of Rs. 500/, in default of the payment of fine to further under go three months rigorous imprisonment.

(2.) The prosecution case is short and simple. The deceased-victim Safi was the 1 son-in law of the accused-appellant and was living in village Irrara district Churu. The accused is a resident of village Ladnu district Nagaur. The wife of the accused passed away some months before the incident. As such he was living alone. His other children namely PW 4 Kumari Manju and PW 7 Aslam and others were living with the deceased victim in his village. The deceased-victim got the sons and daughters of the accused betrothed. The accused at first consented to these betrothals but later on showed his resentment and asked the deceased-victim as to why he had betrothed his sons and daughters. At about 12-00 in the noon of March 17, 1979 the accused came from his town Ladnu to village Irrara and picked up some quarrel with the deceased-victim Safi. Both of them grappled with each other. The accused had a Gadiya (stick) and struck two blows with it to Safi. Both of them picked f up quarrel and went out of the house of the deceased-victim. There the accused took out a knife and struck one blow with it on the left forearm of Safi and struck one more blow with his knife on Safi's right chest. Safi fell down. There war profuse bleeding from his wounds. He did not survive and succumbed to the injuries then and there. The occurrence was seen by PW 1 Rahim Bux, PW 2 Ramsingh, PW 3 Kasim Khan, PW 4 Kumari Manju and P.W 7 Aslam. Rahim Bux (PW If went to Police Station, Sahdwa and verbally lodged report Ex. P. 1 of the occurrence, at about 4 30 P M. on the same day. The Station House Officer Radhey Sbyam (PW 10) arrived on the spot, prepared the inquest report of the victim's dead body and seized the blood-smeared soil from there. The accused was arrested at the spot. He was wearing a shirt which was stained with blood. It was also seized and sealed The Gadiya and the knife were also seized and sealed. The postmortem examination report of the victim's dead body was conducted on March 19, 1979 by PW 9 Dr. Yogendra Singh, the then Medical Officer In charge, Primary Health Centre,'" Sandwa. He noticed the following injuries on the victim's dead body :

(3.) In the opinion of Dr. Singh, the cause of death was respiratory failure as i result of severe profuse hemorrhage in the lungs. He was also of the opinion that injury No. 1 of the victim was sufficient in the ordinary course of nature to cans the death. The post mortem examination report prepared by him is Ex. P. 10.1 The victim's clothes which were stained with blood were also seized and sealed. To seized articles were sent for chemical examination. Human blood was detected on the shirt of the accused and the clothes of the deceased-victim. On the completion C of investigation, the police submitted a challan against the accused in the Court of Chief Judicial Magistrate, Churu, who committed the case for trial to the Court Sessions. The learned Sessions Judge framed a charge under section 302, I.P.C against the accused, to which he pleaded not guilty and claimed absolute innocent In support of its case, the prosecution examined 10 witnesses and filed some documents In defence, the accused adduced no evidence. According to him, a false case has been manufactured against him. It may be mentioned that he did not raise at) specific plea in the defence. He also did not adduce any evidence. On the conclusion of trial the learned Sessions Judge found the charge duly brought home to this accused. The accused was consequently convicted and sentenced as mentioned the very out set. Hence this appeal.