KALI CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants six in number faced trial in Sessions Case No. 80/2001 before the learned Additional Sessions Judge No. 2, Bharatpur, who vide Judgment dated November 28, 2002, convicted and sentenced the appellants as under:- Kali Charan: U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 500/-, in default to further suffer two months simple imprisonment. U/s. 307 IPC: To suffer simple imprisonment four years and fine of Rs. 500/-, in default to further suffer two months simple imprisonment. U/s. 326 IPC: To suffer simple imprisonment four years and fine of Rs. 500/-, in default to further suffer two months simple imprisonment. U/s. 148 IPC: To suffer simple imprisonment one year. U/s. 324 IPC: To suffer simple imprisonment six months. (1) Suresh, (2) Man Singh, (3) Gainda, (4) Smt. Maya and (5) Kumari Seema: U/s. 302/149 IPC: Each to suffer life imprisonment and fine of Rs. 500/-, in default to further suffer two months simple imprisonment. U/s. 307/149 IPC: Each to suffer simple imprisonment four years and fine of Rs. 500/-, in default to further suffer two months simple imprisonment. U/s. 326/149 IPC: Each to suffer simple imprisonment four years and fine of Rs. 500/-, in default to further suffer two months imprisonment. U/s. 148 IPC: Each to suffer simple imprisonment one year. U/s. 324/149 IPC: Each to suffer simple imprisonment six months. U/s. 323 IPC: Each to suffer simple imprisonment six months. Substantive sentences were directed to run concurrently.

(2.) THE prosecution story is woven like this:- On July 12, 1999 around 9. 30 AM Deen Mohd. SHO Police Station Nadbai (PW. 19) received information on telephone that a criminal incident occurred in village Bhosinga and the injured persons arrived at the Hospital Nadbai. Deen Mohd immediately rushed to the Hospital where he found dead body of Jagveer. Injured Baikunthi, Ram Dayal, Pushpa and Bablu @ Paras Ram were also there. Deen Mohd. recorded parcha bayan (Ex. P. 16) of Smt. Pushpa (PW. 9) who stated that relations between her husband and his uncle were strained and family interaction between them was stopped. However around 8 AM Nahni (her husband's uncle's daughter) came and offerred Madhi-Bayana (sweets of marriage that was celebrated on June 30, 1999) which was accepted by her (Pushpa ). Her mother in law Baikunthi, who had arrived in the meanwhile, asked Nahni as to why after ten days of marriage she brought unless eatables, Nahni became furious and came back with her mother Maya and started beating her (Pushpa) and Baikunthi. Bablu @ Parasram (her husband) and Jagveer (her brother in law) when raised protest, they were also given beating. Kalicharan inflicted blow with Pharsa on the person of Jagveer who died and her father in law, mother in law and husband had also sustained injuries. On the basis of parcha bayan of Pushpa, Police Station Nadbai registered a case for the offences under Sections 147, 148, 149, 323, 307 and 302 IPC and investigation commenced. Post mortem on the dead body was performed. Necessary memos were drawn, statement of witnesses were recorded, the accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2, Bharatpur, Kalicharan was charged for the offences under Sections 148, 302, 307, 326 and 324 IPC and other accused Mansingh, Maya, Gainda, Suresh and Kumari Seema were charged for the offences under Sections 148, 302/149, 307/149, 326/149, 324/149 and 323 IPC, who denied the charges and claimed trial. THE prosecution in support of the case examined as many as 19 witnesses and 41 documents. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence and in defence six witnesses were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) WE also find that appellant Kalicharan acted with the knowledge that the death of Jagveer was likely to ensure, but there was no intention to cause death or an injury likely to cause death. As already noticed injuries were inflicted on back and jaw of the deceased and cause of death was asphyxia due to internal bleeding and lungs collapse. Since the incident occurred all of sudden and there was no premeditation on the part of appellant Kalicharan, the offence has to be brought down from the first category of murder to culpable homicide not amounting to murder and the appellant Kalicharan can be held guilty of the offence under Section 304 Part I IPC. WE however approve the conviction and sentence awarded to appellant Kalicharan under Sections 326 and 324 IPC.