SHIV LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals arise out of the judgment dated 4.4.80, passed by the Additional Sessions Judge, Dausa, by which the learned Additional Sessions Judge convicted the accused-appellants for the offences under Sections 302/34 and 397/34 I.P.C. and sentenced each of them to undergo imprisonment for life for the offence under Sec. 302/34 I.P.C. and seven years' rigorous imprisonment for the offence under Sec. 397/341.P.C.

(2.) Accused Shiv Lal, Battu Lal and Smt. Ramoti were tried by the learned Additional Sessions Judge, Dausa, for the offences under Sections 302, 302/34, 397 and 397/34I.P.C. The case of the prosecution is that on 25.2.80, Heera Lal (deceased) was going to Sikrai to take the ornaments from PW 1 Bhori Lal Sunar. The accused met him in the village, encircled him and started beating him with Lathis and Farsi At that time accused Shiv Lal was armed with a Lathi while Battu Lal and Mst. Ramoti were armed with 'Aankdi'. They inflicted injuries to Heera Lal by these weapons. The deceased, after receiving the injuries, fell down. He was taken to the Primary Health Centre. PW 5 Dr. Ashok Kumar referred the matter to the S.M.S. Hospital, Jaipur, and while Heera Lal was being taken to the S.M.S. Hospital, Jaipur, he died in the way. The case was registered at Police Station, Manpura. The prosecution, in support of its case, examined thirteen witnesses. The accused did not examine any witness in their defence. PW 1 Bhori Lal Sunar has stated that he prepared some silver ornaments for Heera Lal, which were delivered to him on the day when he met him. PW 2 Ram Sahai is the Motbir witness to the Panchnama-A-Lash and the recovery of the Lathi from the possession of the accused and is, also, a witnesses before whom the site-plan Ex.P. 2, recovery memo of Kurta ExP. 3 were prepared. PW 3 Dr. B.S. Thakuria examined injured Heera Lal on 232.77 the date on which the earlier incident took place. PW 4 Jagar Lal is a Motbir witness regarding recovery of the Farsi recovered on the information and at the instance of the accused. PW 5 Dr. Ashok Kumar is the Medical Officer, Primary Health Centre, Sikrai, who examined the deceased on 25.2.78 and found eight injuries on his person. PW 6 Smt. Kishni is the widow of the deceased while PW 9 Basanti is the daughter of the deceased. They, alongwith PW 10 Ratan Lal, are the witnesses to the occurrence. They have stated that on 25280, when deceased Heera Lai was going to village Sikrai the accused encircled him and gave him beatings, due to which Heera Lal fell down, and was taken to the Primary Health Centre, from where he was referred to SJM.S. Hospital Jaipur, and while being taken to S.M.S. Hospital in the way, Heera Lal died. Before taking the deceased to the S.M.S. Hospital Jaipur, his statement was recorded and on the basis of his statement, the FXR. (Ex.P. 12) was registered at the Police Station. PW 8 Shri Narain, S.H.O., was the investigating officer, who made the investigation and presented the challan. PW 11 Ishwar Chand was the Assistant Sub-Inspector of Police, who investigated the earlier matter relating to the incident which took place on 32.87, and filed the Final Report. PW 12 Prabhat Ram was working in the Crime Branch, who further investigated the matter. PW 13 Bajrang Lal assisted PW 8 Shri Narain in the investigation. From the statements of these four witnesses, viz., PW 6 Smt. Kishni PW 7 Kalu, PW 9 Basanti and PW 10 Ratan Lai who were the eye witnesses to the occurrence, it has been proved beyond reasonable manner of doubt that the incident took place on 25.2.78 in the manner as stated by these eye witnesses. A lengthy cross-examination has been conducted from these eye witnesses but nothing could be elicited from their statements which could discredit their testimony. After careful consideration of the evidence of these eye witnesses, which finds corroboration from the statement of PW 5 Dr. Ashok Kumar, we are fully convinced that the incident took place as stated by these eye witnesses. The appreciation of the evidence, made by the learned Additional Sessions Judge cannot be said to be, in any way, illegal unjust or improper. The prosecution has, therefore, been able to prove the case against the accused-appellants beyond a reasonable manner of doubt.

(3.) The next question, which requires consideration in the present case is: what offence has been made-out against the accused-appellants. As per the statement of PW 5 Dr. Ashok Kumar, the cause of death of Heera Lal was shock due to loss of blood in peritonial cavity due to rupture of the liver and this was sufficient in the ordinary course of nature to cause the death. He further opined that the death was caused due to rupture of liver, which was the result of 'Thosa' blow given with the Lathi by accused Shiv Lal. The accused had neither any intention to kill the deceased nor had they knowledge that the injury, which was inflicted by the accused was imminently dangerous to life and would cause the death of Heera Lal or was likely to cause his death. Therefore, the case against the appellant is not covered either by Clause Firstly or Thirdly of Sec. 300 I.P.C. but the appellants can be attributed to the knowledge that the injuries, which were inflicted by them, were likely to cause the death and, therefore, the case against them falls within the purview of Sec. 304 Part n, I.P.C. The intention of the accused-appellants was not to cause the death of Heera Lal but their act amounts to culpable homicide amounting to murder. All the accused, therefore, had intention not to cause murder but to cause culpable homicide not amounting to murder.