BANKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Banka Sonar was convicted under Sections 302, 307 and 326, IPC and was sentenced to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo three months rigorous imprisonment on the first count, three years rigorous imprisonment with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's like imprisonment on the second and two years rigorous imprisonment with a fine of Rs. 50/ -, in default of the payment of fine to further undergo one month's simple imprisonment on the last count. The accused has come -up in appeal to challenge his - conviction.

(2.) BRIEFLY stated, the prosecution case is that at about 11.00 A.M. on January 5, 1981, PW 6 Jetha appeared at Police Station, Chauhtan and presented written report Ex. P 7. It was stated by him therein that in the night proceeding, he was sleeping in his Dhani. His brother accused Banka, who was living with his wife, mother Mst. Banoo (PW 1), his minor children PW 3 Deepa (4) and Kesiya (6) was quarrelling with his wife. She was raising cries. Hearing the cries, he rushed to the spot and found the accused and his wife Mst. Dhani in the court -yard (Aangan). The accused was having an axe with him while his wife was lying with multiple wounds over her body. Blood was oozing out from her wounds. He also found his mother and the two minor children of the accused severely injured. It was further stated therein that the wife of the accused did not survive and passed away instantaneously on the spot. The police registered a case and proceeded with investigation. The Investigating Officer Bhagwan Singh (PW 8) arrived at the Police Station on January 6, 1981. He inspected the site and prepared the site plan. He also prepared the inquest report of the dead body of deceased Mst. Dhani. Blood -stained soil was lifted from the place of occurrence. It was seized and sealed. The post -mortem examination of the victim's dead body was conducted at about 4.00 P.M. on January 5, 1981 by PW 1 Dr. Nimbraj -the then Medical Officer Incharge, Government Hospital, Chauhtan. The doctor noticed the following injuries on the victim's dead body ;

(3.) BEFORE proceeding further, it may be pointed out that the learned Amicus Curiae did not challenge the opinion of Dr. Nimbraj about the cause of death of the deceased victim Mst. Dhani and the injuries found on the body of Banoo, Kesu, Jetha and Deepu. We have gone through the statement of Dr. Nimbraj and find no good reasons to distrust what he stated. The death of Mst. Dhani was, thus, homicidal in nature. It also stands proved from what he stated that the other four injured persons sustained multiple injuries. One of the injuries of Banoo (PW 2) was grievous in nature.