JALAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JALAM Singh appellant was convicted by the Additional Sessions Judge, Jalore, under S. 304, Part 11, of the Indian Penal Code for causing death of Kastura and was sentenced to undergo rigorous imprionment for five years and to pay a fine of Rs. 500/-, and in default of payment of fine to further suffer rigorous imprisonment for six months.

(2.) THE first information report about the death of Kastura was made to the police by the appellant himself on 9-3-74 at 11-30 a. m. It was alleged in the report that the appellant used to keep a watch on the agricultural farm of Annpurna Society, situated at village Rodla. In the evening of 8-3-1974 he, while patrolling the farm, reached a nullah and saw one person taking away a bundle of green crop of grams. THE appellant asked that man as wherefrom he had brought the grams. THE person carrying the bundle did not speak. THEreupon the appellant pulled the bundle which fell on the ground. THE person, in whose possession the bundle was, became enraged and aimed a blow at the head of Jalam Singh appellant with an axe. THE appellant warded off the blow by raising his lathi and then inflicted a lathi blow on that person, as a result of which the latter fell down. That person tried to get-up but the appellant gave him a kick, on account of which he became unconscious. Upon receipt of the report the Station House Officer, police station, Umedpur, asked better particulars from the appellant. Upon being questioned, the appellant disclosed to the Station House Officer that the unknown person, who was found carrying the bundle of gram, had been lying on the bank of the nullah and that the lathi, with which the appellant had struck a blow, was also lying there alongwith the bundle of grams and the axe of that person. THE Station House Officer then rushed to the nullah and found the dead body of Kastura having multiple injuries on different parts thereof. THE dead body and the articles, which were lying by its side, were seized by the police and a criminal case under sections 302 and 201, I. P. C. was registered. THE police made the usual investigation into the case and got postmortem examination performed over the dead body of Kastura. During the course of investigation, the police came to know that the incident did not take place in the manner alleged by the appellant in the first information report and that it occurred in the manner as stated by Nathia Punma Bhera and Ramla.

(3.) THE result of the above discussion is that no case under Sec. 304, Part II, I. P. C. , is made out against the appellant beyond reasonable doubt. THE appeal is therefore, accepted, his conviction and the sentence under S. 304, Part II, I. P. C. is set aside and he is acquitted of the charge. THE appellant is in jail. He shall be released forthwith, if not required in connection with some other case. .