MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated April 16, 1980, the learned Additional Sessions Judge (2), Hanumangarh convicted the accused Mahendra Singh under Sections 302 and 450, IPC and sentenced him to imprisonment for life with a fine of Rs. 500/ - on the first count and five years rigorous imprisonment with a fine of Rs. 500/ - on the second Count. Sentences were directed to run concurrently. The accused has come -up in appeal to challenge his conviction.

(2.) BRIEFLY stated, the prosecution case, which in short and simple, is as follows: Aduram Kumbhkar aged about 40 years the deceased -victim in the case was living with his wife Mst. Parmeshwari(PWl) in the Dhani he had raised in the field situate in Mauja Surewala P.S. Tibi district Ganganagar. The accused is also a resident of the same village. In the forenoon of Oct. 20, 1974, Aduram went with Jaggasingh (PW 7) to village Surewala in order to get his motor -bearing repaired. Accused Mahendra Singh met them in the village. He asked Aduram to provide wine to him. Aduram refused to do so saying that he neither takes the drinks nor offers to anybody. This annoyed the accused. There was an exchange of hot words and altercation between the two. Jaggasingh (PW7) intervened and separated them. The accused threatened to settle the accounts in future. Aduram returned to his house, took his meals and retired in the Bethak to have a nap. His wife Mst. Parmeshwari (PW 1) went to provide fodder to the cattle standing under a Pipal tree situate nearby in the Dhani. While she was working there, the accused came with a Kassi in his hand and straight -away went in the Bethak where Aduram was sleeping. The accused started striking blows to Aduram with his Kassi Aduram raised cries. Mst. Parmeshwari (PW 1) went running to the Behak The accused still then continued to inflict blows. Thereafter he ran away towards the canal taking the Kassi with him. Mst. Parmeshwari (PW 1) also raised cries and a number of persons, viz., Laxman Butaram Darbarasingh and others came there. Some of them had seen the accused running away. Aduram, due to the infliction of injuries, became unconscious There was profuse bleeding from his wounds and the clothes he was wearing got drenched with it. Some persons went to the police out -post brought Police Constable Kashiram (PW 14) and the local Vaidhya Dharampal (PW 6) to the place of occurrence. Dharampal (PW 6) provided the First Aid to Aduram and pricked an injection to him. He advised Mst. Parmeshwari and others to take Aduram for treatment to Sangariya Hospital Mst. Parmeshwari and others took Aduram in a jeep to Sangariya. Ramjilal (PW 2) went to Police Station, Tibi and verbally lodged report Ex.P 1 of the occurrence at about 8.15 P.M. on the same day. The police registered a case under Section 307 and 452, IPC. The usual investigation ensued. When Aduram was taken to Sangariya Hospital, his injuries were examined by PW12 Dr. S.M. Sahi at about 5.00 P.M. He noticed the following injuries on his person:

(3.) WE have heard the learned Amicus Curiae and the learned Public Prosecutor. We have also gone through the case file carefully.