RAM SINGH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal has been directed against the judgment dated 28.1.1994, whereby the learned Additional Sessions Judge, Chhabra (Baran) has convicted appellant Ram Singh Meena for the offence under Sec. 302, IPC, and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500.00 in default, to further undergo rigorous imprisonment for one month. The learned trial Judge also convicted the appellant for offences under Sections 325 and 323, IPC, and sentenced him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 500.00 in default, to undergo farther RI for 15 days under section 325, IPC, and to undergo RI for 6 months and to pay a fine of Rs. 100.00 in default, to further undergo RI for 7 days under section 323, Penal Code and directed that all the substantive sentences shall run concurrently.

(2.) Briefly stated, the relevant facts are that appellant Ram Singh aged 19 years used to live with his grand-father Hajari aged about 80 years (since deceased) in village Handiko. The father of the appellant was murdered long back. The appellant used to look after his grand-father Hajari, who had about 100 bighas of agricultural land. It is the case of prosecution that on 20.3.93 at about 8-9 A.M. Shrikishan (PW1), who had cultivated the agricultural land of Hajari situated near latter's house at a distance of 200 paces on 'Batai' (partnership) heard an alarm raised by Hajari to the effect "Maar Raha Hai Re". Thereupon, Shrikishan (PW1), who was in the said field saw that the appellant was inflicting stone blows on Hajarilal in the courtyard (Dehlaan), situated in front of latter's house and that his turban was also lying wrapped around his neck. It is alleged that thereafter Hajarilal, who was bleeding from his head, left shoulder and left leg, came from the place of occurrence to his field, where Shrikishan (PW1) was working. Shrikishan (PW1) made him to he on a cot and thereafter went to the village and informed about the incident to Ramdhan Ram Narain, Pappu and others who came to the field of Hajari, who was lying unconscious. However, no medical aid was given to him. Throughout the day Shrikishan (PW1) was busy in making incisions to the poppy crop and that in the evening Hajari succumbed to his injuries. Thereafter, Shri Kishan went to the police station Chhipa Barod, which is situated at a distance of about 6 Kms. from the place of occurrence and lodged an oral report to Shammi-Ulla Khan (PW 8), ASI Incharge Police Station, who drew formal FIR (Ex.P.l) and registered a case for offence under Sec. 302, IPC. Shammi-Ulla Khan proceeded to the place of occurrence but since it had become dark, he deputed few constables for guarding the same. On the next day, i.e. 21.3.93, he prepared inquest report (Ex.P.3), inspected the site and prepared site plan (Ex.P.2) and also seized and sealed the blood stained Kurta of the deceased vide Ex.P.4.

(3.) The dead body of Hajarilal was brought to Chhipa Board, where Dr. Jitendra Kumar Dang (PW 7) conducted medico legal autopsy and vide post mortem report (Ex.P. 7) found following external injuries