HANS RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 4-4-1987 passed by the learned Sessions Judge, Jodhpur in sessions Case No. 78 of 1985 by which he found the appellants guilty under Sec. 302 read with Sec. 34, IPC and sentenced each of them to life imprisonment and a fine of Rs. 500.00, in default of payment of fine to further undergo six months' R. I. The learned Sessions Judge also found the appellants guilty under Sec. 452, IPC and sentenced each of them to undergo 3 years' R. I. and a fine of Rs. 100.00 in default of payment of fine to further undergo 3 months' R. I. All the substantive sentences have been ordered to run concurrently.

(2.) The prosecution story in nut-shell is that deceased Haridass was sitting in his house situated at Pancholion Ki Nadi, Jodhpur at about 10-00 a.m. to 10-30 a.m. His daughter PW 6 Rekha aged 9 years was playing with her younger brother. His wife P.W. 4 Smt. Shashi had gone to the house of her mother PW 3- Smt. Chukia. The house of her mother PW' 3 Chukia is situated at a distance of 60 pawandas from the house of deceased Hari Dass. It is alleged that all the three accused-appellants Nand Kishore alias Nandu Chhotia and Hans Raj alias Bhaya entered into the house of deceased Hari Dass and started inflicting kick and fist blows, upon which, PW 6 Rekha (daughter of the deceased Hari Dass) ran to the house of her maternal grand-mother (Nanee) Smt. Chukia (PW 3). PW 6 Rekha found that PW 3 Smt. Chukia and PW 4 Smt. Shashi were sitting in the house. PW 6 Rekha informed them that her father was being beaten by accused Chhotia, Nandia and Bhaya @ Hans Raj. Upon the said information, PW 3 Smt. Chukia and PW 4 Smt. Shashi rushed up to the house of deceased Haridass.

(3.) It is also alleged by the prosecution that real sister of PW 4 Smt. Shashi namely PW 2 Papuri also resides near the house of deceased Hari Dass, who heard his cries and rushed towards the house of Hari Dass. PW 2 Papuri saw the appellants coming out from the house of the deceased and running towards Bhakhar (hillock). When PW 2 Papuri, PW 3 Smt. Chukia and PW 4 Smt. Shashi reached on the road, they saw the accused-appellants coming out from the house of deceased Hari Dass and running towards the Bhakhar.