MODU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment, dated November 17, 1978 of Sessions Judge, Bundi; whereby he convicted the accused-appellant for offence under section 302 I.P.C. and sentenced him to imprisonment for life.

(2.) Briefly stating the facts of the case are that a charge-sheet was filed against the accused appellant in the Court of Chief Judicial Magistrate, Bundi alleging that the accused-appellant committed the murder of one Mukhtar Singh. One Jogender Singh P.W. 1, bad lodged a report on August 17, 1977 at police station Kapren wherein it was stated by him that he is a teacher -in the Government Secondary School, Bhimganj Mandi, Kota, while his brothers Mukhtyar Singh and Dilbag Singh were cultivating on Adila Parm. On August 16, 1977 his elder brother had come to Kota and he had gone back with Rs. 200/- which the former had given to him for payment to the labours as his portion of the field was also to be cultivated. He too went by different train and was informed on way by one Kana who was in employment with Harbinder Singh that his brother Mukhtyar Singh had some fight on the way and all the family members had gone there. When he reached the spot where the fight had taken place he found his brother Dilbag Singh, his wife, Mukhtyar SinghTs wife and children weeping, He found that his elder brother Mukhtyar Singh was lying in the field of Modu Goojar who had died prior to his reaching there. It was mentioned that Harbinder Singh had seen the whole occurrence who told that Modu Goojar alongwith two more persons bad beaten Mukhtyar Singh as a result of which the latter died. On receipt of this report a case under sec. 302 nw. sec. 34 I.P.C. was registered and investigation commenced. During the course of investigation autopsy of the corpes of Mukhtyar Singh was done and the Doctor found the following internal and external injuries on his person: External Injuries: 1. Incised wound with underlying fracture on the occipital bone 3 x 1 x 1/2 on the occipital region. 2. Incised wound left parietal region posterior aspect 3 x 1 x 1/2 Incised wound right parietal region near mostoid process 3 x 1 x 1/2. Lacerated wound 2 x 1 x 1/2 left side forehead with underlying fracture of Frontal bone. Contusion 3 x iTT left shoulder. Contusion back of the chest 3 x ITT. Internal Injuries: Vertebra opened-found fracture of occipital and frontal bone and extra dural blood, membrance were normal except mild laceration at the right of fracture, the grievous hurt by sharp weapon at occipital region and other injury of scalp caused profused bleeding. The cause of death as disclosed in the report was profuse bleeding leading to haemorrhage and shock and also the concussion of the brain. The accused-appellant Modu also sent a report by post to the Station House Officer, police station, Kapren wherein he stated that Mukhtyar Singh and Harbinder Singh alongwith one Niranjan Singh came armed with axe and lathies on his field. They were drunk at that time and they picked rip the quarrel with him. They attacked him and started inflicting injuries by axe. At that time he in order to safe himself picked up a Parania and defended himself with the same. He mentioned that be could not appear in the police station as he is afraid of the Sardars and further that he got himself medically examined at General Hospital, Bundi where Doctor found two incised wounds-one on left parietal region and another on the right parietal region. He mentioned the place from where he was writing the letter hence the police went there and arrested him vide arrest memo Ex. p. 16. The arrest memo also indicated that the accused had two injuries on his person. He was again got medically examined after three days of his arrest where the Doctor found two abrasions at the places where the incised wounds had earlier been found. After completion of the investigation a charge sheet as mentioned above, was filed in the Court of Chief Judicial Magistrate who committed the accused to Sessions where a charge was read over to the accused for offence under see 302 I.P.C. The accused-appellant pleaded not guilty to the charge and claimed to be tried.

(3.) The prosecution in support of its case examined 12 witnesses. The accused in his statement under sec. 313 Cr.P.C. took up the plea of exercise of right of private defence and examined Mangilal as an eye-witness to support his plea. The learned Sessions Judge relying on the statement of P.W. 3 Harbinder Singh convicted and sentenced the accused-appellant as indicated above, aggrieved by which he sent this jail appeal.