CHHAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Deeg, District Bharatpur under his judgment dated 4th April, 1981, has convicted the accused -appellant Subhan son of Sultan under Sections 302 and 323, IPC and has further convicted the accused -appellant Chhaju under Section 302/34, IPC. Both the accused -appellant have been convicted under Section 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 200/ - and in default of payment of fine to under -go three months' rigorous imprisonment. Accused -appellant Subhan has further been sentenced to under -go six months' rigorous imprisonment under Section 323, IPC. Both the substantive sentences of Subhan have been ordered to run concurrently.

(2.) IN village Kawanaka the fields of the accused persons and of the deceased, Abdul Gani, are situated. The position of their fields is deppicted in the site -plan Ex. P. 9, from which it will appear that the fields of Abdul Gani and Abdul Suleman and Yakub, two brothers of the deceased. Abdul Gani, are in the north of the fields of the accused persons. The case of the prosecution is that there was a 'med' in between the two fields and on 8th August, 1980, the above mentioned 'med' had been constructed by the accused persons. On 9th August, 1980 at about 5 p.m. when Abdul Gani, deceased, went to his field, he saw that the accused persons had demolished that 'med and had ploughed that portion also. When Abdul Gani, deceased, tried to re -construct the 'med', it is alleged, the accused persons asked him not to do so. On this, Abdul Gani said that he was only re -constructing his own 'med'. According to the case of the prosecution, both the accused persons attacked Abdul Gani deceased. The accused persons gave lathi -blows. On hearing the alarm of Abdul Gani, accused Abdul Suleman and Yakub, his brothers, reached the spot and saw the incident. He lodged Ex. P. 3, report, on 10th August 1980 at the police Station, Deeg, in which he named Bagadi son of Ladla, Yaqub son of Chhotalal and Juharu son of Jessu as eyewitnesses of the occurrence. A case was registered and investigation was set in motion.

(3.) IN the opinion of Dr. Gupta all the injuries were ante mortem caused by blunt object. Injury No. 2 was grievous and the rest were simple. On opening the corpse he found collection of clotted blood in the left occipi -to -parietal region (in relation to injury No. 2) with depressed fracture of left parietal bone Membrances were lacerated (in relation to injury No. 2). Brain was lacerated with collection of clotted blood with intracranial haernorrhage. Stomach was distended with gas and was empty. In his opinion, the cause of death was shock and haemorrhage due to the injury on the scalp resulting in depressed fraction of the skull bone and intracranial haemorrhage with laceration of brain. The post -mortem report is Ex. P. 1. During the course of the incident when Abdul Suleman had gone to the spot and intervened accused Subhan, is said to have given lathi blows to him. The injuries of Abdul Suleman (PW2) were examined by Dr. Gupta on 12th August, 1980. Dr. Gupta found abrasion irregular 3/4' x 1/2' on the left shoulders joint 2 -1/2' posterior to left acromion. The injury was simple and caused by blunt object. The duration of the injury was within 36 to 72 hours.