THE STATE Vs. KHET SINGH AND ORS.

JUDGEMENT

(1.) ACCUSED Khetsingh, Seshkaran, Umedsingh and Mohan singh were tried by the Sessions Judge, Merta, under Section 302 I.P.C. or, in the alternative, under Section 302 read with Section 34 I.P.C. for the murder of Gordhan. Khetsingh was convicted of culpable homicide not amounting to murder under Section 304 Part I I.P.C. and toe remaining three accused under Section 304 Part I lead with Section 34 I.P.C. and each one of them was sentenced 10 undergo rigorous imprisonment for seven year, and to pay a fine at Rs. 300/ -. Dissatisfied with the order of the learned Sessions Judge, Merta, the accused have preferred an appeal challenging their conviction and sentence and me State have filed an appeal against the acquittal of toe accused for the offence under Section 302 or Section 302 read with Section 34 I.P.C. As both these appeals arise out of the same judgment, they are being deposed of together.

(2.) THE prosecution story in this case is to the effect that one Gordhan who was a victim and who died as a result of the injuries in the incident in question on the day of the Holi festival, that is, 28 -2 -72, at about 8 p.m. in the company of PW 6 Bhagirath alias Bhagaram, PW 7 Jalamsingh PW 10 Andaram and PW 11 Kansingh, all residents of village Bhawara, went to neighbouring village Kalvi on a chhakra, that is, a cart driven by camel. They wet to a village Kalvi that night to pay respects to the Thakur of Kalvi and also to request him to mediate and make it sorts for compromise in respect of a criminal complaint which had been lodged by Gordhan against the accused. The Thakur of Kalvi was not found there as he had gone out. Gordhan and his companions met Thakur's uncle Shyamsingh and about 11 p.m. left village Kalvi. On way back to village Bhawara, when Gardhan and his companions were passing near Miyaninadi situate at the distance of 200 pawandas from village Bhawala, the four accused armed with lathes and who were lying in wait, came near the chhakra. Umaidsingh stopped the chhakra by holding the string of the camel. Khetsiagh dealt a blow with lathi on the head of Gordhan as a result of which Gordhan fell down from the chhakra. The four accused thereafter showered lathi blows causing several injuries to Gordhan PW 6 Bhagirath intervened to rescue Gordhan, but he too received an injury on his little finger. When the accused stopped beating Gordhan and Sad away from toe scene of the occurrence, PW 6, 7, 10 and 11 brought Gordhan to his house in the state of unconsciousness and disclosed the names of the assailants to his wife Mst. Radha P.W. 13 and his cousin or other PW 12 Madanlal. On the next morning, Gordaan was taken to Kuchera Dispensary but no doctor was available there. He was therefore taken to the Government Hospital Nagaur. Gordhan, however, breathed his last on the way between Kuchera and Nagaur. PW 13 Mst. Radha, who was accompanying Gordhan went to the Police Station at Nagaur and verbally lodged the First Information Report which was recorded by PW 15 Ratansingh, SHO, Police Station, Nagaur. The post -mortem examination on the dead body of Gordhan was conducted by PW 5 Dr. Parasram at Nagaur Hospital on 29 -9 -72. The doctor found the following external injuries on the corpse of Gordhan:

(3.) ON 2 3 72 PW 6 Bhagirath was examined by PW 4 Dr. Pratapsingh at Kuchera Dispensary. The following injuries were noticed on his person by the doctor: