LAXMINARAIN Vs. STATE

JUDGEMENT

(1.) The appellant Laxminarain has been convicted by the learned Sessions Judge, Kotah under Section 302, I. P. C., and sentenced to transportation for life.

(2.) The prosecution case is that the appellant Laxminarain who is the nephew of Devlal, cut jokes with' a fourteen years old girl named Mst. Badri who was related to Devlal's wife on her mother's side, a few days before the occurrence which took place in the night between 4 and 5-2-1953. This annoyed Mst. Badri and she complained to her husband, and the complaint was also brought to Devlal deceased. Devlal took the appellant Laxminarain to task. A few days after, the appellant molested Mst. Ram Nathi, wife of Devlal. Mst. Ramnathi complained to Devlal and Devlal gave the appellant a beating, a day before the occurrence. On the date of occurrence in the night, the deceased and Mst. Ramnathi were sleeping in their house when the appellant entered therein and gave three axe blows on the head of Devlal. Devlal fell down and soon after succumbed to his injuries. His wife Mst. Ramnathi raised an alarm which attracted Ghasi, the brother of Devlal, Ghasi asked Mst. Ramnathi not to disclose the name of the appellant Laxminarain, otherwise he would fly away. Ghasi got a report scribed by Shankarlal and sent it through Chanda Chowkidar to the Police Station Sanged. The report was lodged there on 5-2-1953 and investigation began and Mohanlal a Lance Naik who was in charge of the said Police Station in the absence of the Sub Inspector and the Head Constable, started for the village Atralia where the occurrence had taken place. He prepared a plan of the locality Ex. P10 and an axe article 1 was also produced before him by Chanda Chowkidar. The axe was seized and the seizure memo was prepared which is Ex. 6. Three injuries were found on the head of the deceased Devlal. The dead body was sent to Sanged dispensary where the post-mortem examination was carried out by Dr. Kalyan Singh. The clothes of the deceased were also seized and seizure memo Ex. P3 was prepared. On 14-2-1953, the appellant Laxminarain was produced before the court of Yasin Ali Khan Sub Divisional Magistrate, Chechat and his statement was recorded under Section 164, Cr. P. C. The axe in question was also got identified before Shri Hiralal Tehsildar Magistrate, Sanged. The case was ultimately challenged in the court of the Sub Divisional Magistrate, Chechat under Section 302, I. P. C., who committed the appellant to take his trial before the court of Sessions Judge Kotah under Section 302, I. P. C.

(3.) No direct evidence was produced in this case. The accused denied the charge in the Sessions Court, although upto the Committing Magistrate's court he had stuck to the statement which he had made under Section 164, Cr. P. C. The learned Sessions Judge on the circumstantial evidence produced in the case, was satisfied that the charge under Section 302 was brought home to the appellant and consequently, convicted and sentenced him as mentioned above.