MODIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED -appellant Modiya has filed this appeal against conviction and sentence passed by the learned Additional Sessions Judge, Sirohi vide Judgment dated May 8, 1978. The learned Additional Sessions Judge has convicted him under Section 302 IPC and sentenced him to rigorous imprisonment for life and a fine of Rs. 200/ in default of payment of fine to further undergo four months rigorous' imprisonment.

(2.) THE prosecution story is that on July 20, 1977, deceased Mota and PW 1 Dharma were going to their village with buffalo and she -buffalo. They reached village Korta at about 1 PM and stayed under a tree outside the hotel belonging to PM 2 Kapoora, for rest. The appellant Modiya is the resident of that village. He came there with a 'genthi' and told the deceased Mota that he has disreputed him. While saying so the accused appellant inflicted two 'genthi' blows on the back and hands of Mota and also inflicted blows on the neck. As a result of that Mota fell down on the stones. Thereupon, accused -appellant lifted axe of Mota which way lying there and attacked him. When PW 1 Dharma attempted to protect him, the accused Modiya terrified him and inflicted blows with are on Mota. On account of the injuries,, Mota died on the spot. The First Information Report was got written on that very day at PS. Sumerpur at 4 30 PM by PW 1 Dharma Case No. 77 was registered. The police inspected the site and prepared the site inspection memo Ex. P. 3, inquest memo Ex P 2 of the dead body and sent the dead body for post mortem. PW 6 Dr. S.P Purohit conducted the post mortem examination. His report is Ex P 4. The blood -stained clothes of the deceased Mota were taken by the Police vide seizure memo Ex. P 6 and were sent for chemical examination. The investigating Officer recorded the statements of the witnesses under Section 61 Cr. PC. The accused supplied information regarding axe on July 20, 1977 vide Ex. P8 and thereafter, the axe was recovered at the instance of the accused Modiya vide Ex P 9 dated July 20, 1977. The police submitted the challan in the court of Munsif and Judicial Magistrate, Bali, who committed the case for trial to the court of Additional Sessions Judge, Sirohi.

(3.) THE prosecution examined 10 witnesses viz., PW 1 Dharma, PW 2 Kapoora, PW 3 Otaram, PW 4 Rama, PW 5 Bhiksingh PW 6 Dr S.P. Purohit, PW 7 Amarsingh, PW 8 Harisingh, PW 9 Nabbukhan and PW 10 Chattarsingh. The statement of the accused was recorded under Section 313 Cr. PC wherein he denied that he had committed the crime and stated that the witnesses produced by the prosecution are false. He stated that his ration card was with Mota, he was taking benefit out of it and so the ration -card was taken back by him after a quarrel and, therefore, he was unhappy with him. In defence, DW 1 Shivsingh and DW 2 Sakharam were examined by the accused. According to these witnesses, accused appellant was not present at the place of the commission of the crime. In other words, the plea of alibi was taken. The learned Additional Sessions Judge by his Judgment dated May 8, 1978 convicted the accused -appellant under Section 302 IPC sentenced him as mentioned above. Aggrieved, the appellant filed the appeal against his conviction and sentence.