KALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal is directed against the judgment of the learned Sessions Judge, Jalore dated October 3, 1979 convicting the appellant Kaliya under Section 302, IPC and sentencing him to imprisonment for life with a fine of Rs. 1000/-, in default of the payment of fine to further undergo six months rigorous imprisonment.

(2.) The prosecution case is short and simple and briefly stated it is as follows. The deceased Sawada Meena aged about 37 years was living with his wife Mst. Sakuri (PW 2), son Goma (PW 3) and daughter Mst. Keni (PW 4) in village Iepur P.S. Nosara district Jalore. The appellant and his brother Patiya are the real nephews of the deceased Sawada. Their house is situate near that of the deceased-victim. There was a joint field of the deceased and the appellant's father, in which division was made by raising a fence therein. On May 28, 1979 i.e. a day preceding the occurrence, the appellant's brother Patiya (co-accused who was acquitted by the Court below) demolished this fence. At about 8.00 A.M. on May 29, 1979, the deceased was standing at the Falsa of his house while Mst. Sakuri, Goma and Mst. Keni were working in the pole of the house. The deceased asked Pati a as to why he had demolished the fence. On his saying so, Patiya and the appellant came running to the deceased Sawada. The appellant had an axe with him while Patiya had a lathi. The deceased reprimanded them for demolishing the fence. Thereupon the appellant and his brother Patiya started showering abuses on the deceased. The appellant struck a blow with his axe on the head of Sawada, Sawada fell down. The appellant struck another blow of his axe on the chest of Sawada. The appellant's brother Patiya struck a blow of his lathi on the back of Sawada. There was profuse bleeding from the wounds of Sawada and the clothes he was wearing got drenched with it. Mst. Sakuri and her children raised cries. The appellant and his brother took to heels. Mst. Sakuri and her children took Sawada in the Chowk of their house and placed him on a cot. Sawada did not survive, succumbed and passed away within no time. Mst. Sakuri got report EX.P 1 written from a teacher of the school of the village and delivered it to PW 1 Teemiya to be taken to the Police Station. Teemiya (PW 1) took it to Police Station, Nosara and presented it there at about 11.00 A.M. The police registered a case and the SHO Noor Mohammed Khan (PW 6) took up the investigation. He reached the site of the occurrence on the same day. He inspected the site and prepared the site plan. He also prepared the inquest report of the victim's dead body. He seized and sealed blood stained soil from the place of occurrence. The blood stained clothes of the deceased were also seized and sealed. The autopsy of the victim's dead body was conducted at about 5.45 P.M. on the same day by PW 8 Dr. Mathur, the then Medical Officer Incharge. Government Dispensary, Guda Balotan. He noticed the following injuries on the victim's dead body:

(3.) Brain was also sharply cut throughout the wound of scalp and fore head. Depth of the cut is 0.5 cm. There was effusion of blood and clots around the cut of the brain. Very small pieces about 0.2 x 0.2 cm. of skull bones were present in the cut brain-tissue.