KHETA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Kheta has been convicted of the offence under Setions 302/323 IPC and appellant Mallu has been convicted of the offence under Section 323 IPC Kheta has been sentenced to imprisonment for life on the first count and three months' rigorous imprisonment on the second count. Both the sentences were ordered to run concurrently. Appellant Mallu has been sentenced to three months' rigorous imprisonment for the offence under Section 323 IPC. The third accused Hameera was acquitted of the offence under Section 323 IPC.

(2.) THE relations between the family of deceased Bishna and the accused Kheta were not co -ordial. Accused Kheta was not allowing Bishna and his family to irrigate their field. On November 25, 1973, there was a feast at the house of Smt. Bhani, Doongar and his two brothers with their families had gone to join the feast. The deceased Bisna and his wife Ramdevi were at the house. It is said that the accused Kheta came to the house of Bishna and called him. Thereupon, Bishna went out of house along with accused Kheta. After sometime, Bishna's wife Ram Devi heard the cries of her husband. Doongar and his two brothers with their families were returning from the house of Smt. Bhani, when they reached in the Guwad, they also heard the cries of Bishna Ram Devi as well as all the three sons of deceased Bishna, viz , Doongar, Prithvi and Bagdawat rushed towards the place from where the cries were coming. According to them, accused Kheta inflicted a Jaiee blow on the head of the deceased where by he fell down and became unconscious then accused Mallu and Hameera also inflicted blows on Bishna with Gandasi and Gandhali. When Doongar and his brothers along with their mother tried to intervene then accused persons also beat them. Doongar, then, proceeded to the Police Station, Hanumangarh and lodged the First Information Report Ex. P. 1. The injuries on the person of Doongar, Prithvi, Bagdawat and Ram Devi were examined by Dr. Dinesh Singh and autopsy on the dead body of deceased Bishna was conducted by him, on November 26, 1973 at 7 a.m. The post mortem examination of the deceased reveal that the deceased Bisna had one lacerated wound 1 -1/2' x 1/2' x 1/4' on the right parietal eminance transverse direction. According to the medical opinion, the deceased died due to cerebral haemorrhage laceration followed by multiple fractures of skull sones.

(3.) WE have heard Mr. Suresh Kumbhat, learned Amicus Curiae for the appellants and Mr. L.S. Udawat, learned Public Prosecutor for the State.