CHIMO AND SONIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment dated the 12th April, 1975, of the Additional Sessions Judge, Jodhpur, convicting and sentencing the appellants for the offence under Section 302 read with Section 34 IPC to, life imprisonment and a fine of Rs. 500/ -, in default of payment of fine to 6 months' further rigorous imprisonment and under Section 307 read with Section 34 IPC to 5 years rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine to three months' further rigorous imprisonment. The sentences have been directed to run concurrently.

(2.) THE case relates to the incident which took place on December 3, 1973, in the morning at the outskirts of village Hopandi, which resulted in the death of Bhanwarlal and injuries to Dalaram. The prosecution case, in brief, was that Dalaram had cut and collected grass in his field. On the date of the incident at about 9.00 am, he saw the accused Sonia and Bhooria carrying away that grass. When Dalaram objected to it, the accused Sonia assaulted and inflicted injuries on him. Accused Sonia was armed with a lathi and Bhuriya with a Dantla. Accused Mst. Chimo was also there having a Kassi with her. She also caused injuries to him by that Kassi. Dalaram raised an alarm, which attracted Bhanwarlal, his wife Mst. Gopi and his son Manak. Bhanwarlal tried to rescue Dalaram, but he too was beaten by the accused. Mst. Gopi and Manak raised cries, which attracted Meghji, Ridmal, Ratanlat and Ranaji to the scene of crime. On this, the accused went away towards their Dhani. Motiram and Taruram, brothers of deceased were then called. Both Bhanwarlal and Dalaram had become unconscious. They were removed to the Dispensary at Phalodi. Doctor Suresh Chandra Mathur, Medical Officer -in -charge, Phalodi dispensary examined the injuries of Dalaram and Bhanwarlal. Dalaram was admitted in the dispensary at Phalodi but the condition of Bhanwaria was serious and, therefore, the doctor referred to the Hospital at Jodhpur. Bhanwaria was taken to Jodhpur and he succumbed to his injuries at the door of the hospital there.

(3.) IN their statements recorded under Section 313, Cr.PC, the accused denied the prosecution allegations. Sonia denied his presence on the scene at the time of incident and stated that he was at his field. It was at 12 O'clock that he reached his house and heard about the incident. Mst. Chimo stated that Bhanwarlal and Dalaram had come to her Dhani to take away the grass. She protested, on which Bhanwarlal assaulted her with the lathi. Dalaram beat her with Dantla. She raised a cry, which attracted Bhuriya to the scene. They accused, however, beat him also. When they did not desist she used her lathi against Bhanwarlal and Dalaram. The statement of Bhuriya was similar to that of Mst. Chimo. He stated that Bhanwariya and Dalaram were beating his mother, as she had objected to the taking of grass by them. When he intervened, Bhanwarlal caught hold of his neck. He could not say how Bhanwarlal fell down. The accused examined Kastur Chand in defence. He stated that Bhanwarlal and Dalaram on one side and Mst. Chimo and Bhuriya on other were grappling. This had taken place in the field of the accused.