JITU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Sessions Judge, Partabgarh, by judgment dated Sept. 26,1974, convicted the appellant under Sec. 302 I.P.C. and sentenced him to imprisonment for life. The appellant has preferred these appeals, one represented and the other through jail.

(2.) There was a dispute with respect to field bearing khasra No. 932 measuring 31/4 bighas and 2 biswas situated in village Jodana between Hira, the husband of the deceased Hamiri and the accused Jitu. Jitu had purchased this land through a registered sale-deed, whereas prior to that, Hira had purchased the same through an unregistered sale-deed. Hira was in possession of the field and his crop was standing on the field. In connection with this land, Jitu had instituted a suit for permanent injunction and there was a date of hearing. Hira the husband of the deceased left for Kapasan a day prior to the date of hearing and had instructed his son to keep a watch of the house as well as of the crop as his mother Hamiri would also be visiting Kapasan. After having taken her morning break fast on 17.1.73, the deceased Hamiri went to watch her field. She found Jitu grazing his cattle in her field. She asked Jitu to drive the cattle out of the field but he refused and there after scuffle took place. It is alleged that some beating was administered by the accused to the lady and thereafter he pulled and pushed her by a leg-blow into the well named as Gujariwala. The occurrence is said to have been witnessed by Balu (P. W. 5). Kalu (P. W. 6), Uda (P. W. 13) and Devilal (P.W. 14). Despite the incident having been witnessed by these witnesses whose age ranges between 14 to 30, none informed in the village, nor any steps were taken to take out Mst. Hamiri from the well. As per the prosecution case as unfolded at the trial, Ratna (P.W. 12), son of the deceased came to know from Uda (P. W. 13) that his mother was drowned by the accused in the well. He also came forward with the case that when he felt thrust, he went to the well and found one Dibbi (article 1) floating in the well which belonged to his mother and he narrated it to his brother Rama (P. W. 9). It may be stated that Chattar Singh (P. W. 1) through P. W.2 Bhera sent the written report Ex. P. 2 to the police station on 19.10.73. It was stated in the report by Shri Chattar Singh (P. W. 1) that Mst. Hamiri had died on account of fall in the well. After presentation of the report, the messenger Bheru was interrogated by the police and it was recorded in the police proceedings beneath the written report that the dead body of Hamiri had been taken out from the well Gujariwala but how she fell in the well and how she died is not known. Her husband is not in the village. Her sons Rama, Ratna and Balu were present but they could not be questioned as they were in frightened state and were weeping. Investigation under Sec. 174 Cr.P. was undertaken. C.S.H.O. Azeez Ahmed (P. W. 16) visited the spot, prepared the Panchayat Nama and recorded the statement of Rama Ex. P. 14. On the basis, of which case under Sec. 302 I.P.C. was registered. Spot investigation was conducted. witnesses were interrogated and autopsy of the dead body was also got conducted. After completion of usual investigation, charge-sheet was presented against the accused who was committed for trial before the court of Sessions, Partabgarh, who charged the accused for the offence under Sec. 302, I.P.C. The accused pleaded not guilty to the charge and claimed to be tried. At the trial, the prosecution examined in all 17 witnesses. The statement of the accused was recorded in which he denied the prosecution case. The accused examined four witnesses in defence. The learned Sessions Judge primarily on the basis of evidence on record found the accused guilty for the offence, hence convicted and sentenced him. Therefore, these appeals have been filed by the appellant, aggrieved against the Judgment of conviction and sentence.

(3.) We have heard Shri Niranjan Gaur, learned counsel for the appellant and Mr. L. S. Udawat, Public Prosecutor for the State.