BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Feb. 23, 1974 passed by the learned Sessions Judge, Bikaner. The learned Judge convicted the appellant Bhanwar Lal under sections 302 and 447, Penal Code and sentenced him to imprisonment for life on the first count and one months rigorous imprisonment on the second count, with an order that both the sentences shall run concurrently.

(2.) Briefly stated, the facts of the case giving rise to the present appeal are that at about 2.00 A. M. in the intervening night of Oct. 19 and 20, 1972, Sahi Ram (PW 1) lodged a report at Police Station, Nokha contending therein that his field was situate in the Rohi of Mauja Dhingsari. The field of Amolak (father of appellant Bhanwar Lal) was situate adjacent to his field and there was some dispute regarding the boundary between the two fields. That on Oct. 19, 1972, the informant and his brother Sohan Lal with their father deceased Raichand, mother Paru and labourer Roopa Ram were cutting fodder at their field. When at about 5.00 P. M. a she-camel of Bhanwar Lal entered their field, Raichand tried to scare it away. After sometime, the informant heard the cries of Maare Maare and when he looked towards the direction wherefrom the cry was, he found his father coming running and Bhanwar Lal (appellant) armed with a Sela chasing him. When Bhanwar Lal reached near the running man viz., Rai Chand, the latter told him that why he was assaulting him. At this, Bhanwar Lal threatened him to kill and inflicted a Inla-blow on his chest. Raichand, sustaining the injuries with Sela, fell down, Sahi Ram and his brother Sohan Lal reached near their father and gave a challenge (Lalkar), at which Bhanwar Lal took to heels towards his own field. Rai Chand had succumbed to the injury on his chest. Station House Officer Ram Dayal (PW 9) registered a case at the information lodged by Sahi Ram and proceeded for the site to investigate into the matter. He prepared necessary memos there. On Oct. 21, 1972 at 6.00 P.M. appellant Bhanwar Lal surrendered before the Station House Officer at Police Station, Nokha and was arrested vide memo Ex. P 11. On Oct. 21, 1972, while in police custody, appellant Bhanwar Lal furnished information Ex. P 12 for getting the Sela recovered from his Codal in his Dhani. In pursuance to that information, the Station House Officer recovered the Sela, vide memo Ex. P 8, concealed in the heap of Sites of Bazra. On serological test, human blood was detected at Sela. Upon the completion of necessary investigation, charge-sheet against the appellant was filed in the Court of Munsif Magistrate, Bikaner, who, after conducting proceedings, committed the accused-appellant to the Court of Sessions Judge to stand his trial. The learned Sessions Tudge charge-sheeted the appellant for the offence under sections 302 and 447, I.P.C. and on the appellants denying the charges, proceeded with the trial. The prosecution examined nine witnesses in all. The appellant, in his statement under section 342, Cr. P.C. (Old) denied the allegations levelled against him and stated that his she-camel entered the field of Raichand. When he and his father were cutting fodder in their own field, Raichand brought the she-camel in their field and hurled abuses to his father. When his father objected to the abuses, Raichand inflicted two Lathi blows to the father of the appellant and his father and the injured cried Mare Re Mare Re. That that appellant then run towards his father and objected to Raichand causing injuries to his father, at which Raichand inflicted a Lathi blow to him. also. That in order to save himself he threw the at him and he did not know whether that hit the chest of Raichand or not. Raichand ran away towards his field. He also stated that his father sustained injuries in his ribs. That he went to Nokha Police Station to lodge the report on Oct. 20, 1972 in the morning and the Sub Inspector made him to sit there. No defence witness was examined. The learned Judge placed reliance on the statement of eye-witnesses Sahi Ram, Sohan Lal, Mst. Paru and Roopa Ram and passed the judgment of conviction, against which this appeal has been preferred.

(3.) At the commencement of the arguments, Mr. Singhvi submitted that in view of the facts and circumstances of the case he does not press the appeal on merits but challenges the conviction of the appellant for the charge of murder. Mr Singhvi strenuously contended that only one blow at the chest was inflicted and, therefore, the intention to commit murder cannot be attributed to the appellant. Mr. Singhvi stressed that there was no serious enmity between the deceased and the appellant so as to lead the latter to commit such a heinous crime. That the incident had taken place on a trivial matter i.e. the she-camel of Bhanwar Lal (appellant) entering the field of the deceased Raichand and on hurling of abuses by the deceased Mr. Singhvi submitted that in such circumstances, the case of the appellant does not travel beyond section 304, I.P.C.