IDRISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved against the judgment dated, October 20, 1992 passed by Additional District & Sessions Judge, Deeg, Bharatpur, in Sessions Case No. 98/91 whereby he was convicted under section 302 read with Sec. 34 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 7,000/-. In default of payment of fine, he was awarded simple imprisonment for three months.

(2.) In short, the facts of the case are that a report (Ex. 2) was made at Police Station, Deeg by RW. 4 Maksood, the son of the deceased Samshu. It was stated in the report that he, his father Samshu and his uncle Moj Khan were sleeping infront of their room in the night of June 29, 1991. At about 5 a.m. his father Samshu got up for urination and when he was sitting at place 'B' shown in its plan to pass urine, accused-appellant Idris and his younger son Badal came there with a bullock cart which was loaded with manure. They were having spades and seeing Shamsu, while he was passing urine, they inflicted one blow each with a spade. It was also stated that the appellant inflicted a blow of a spade on the head of Shamsu while co-accused Badal inflicted blow with the spade on his beck. Samshu fell down and hearing his alarm, Moj Khan, Rahmat and Ramjan came on the spot and they saw the incident. The prosecution case further is that RW. 4, Maksood, first went to Police Chowki-Kho but the Incharge refused to accept the report and thereafter, the dead body of Samshu was taken in a tractor trolley and a written report was made at Police Station, Deeg.

(3.) After registration of the case, inquest report of the case, inquest report of the dead body Ex.R 1 and site plan Ex.R 4 were prepared. Blood stained soil and control soil were also taken from the place of occurrence vide memo, Ex.R 7. The post-mortem of the dead body was conducted by Dr. Govind Singh and he found two incised wounds and three abrasions on his body. One incised wound was on the beck right side 4 cm. below right ear cutting vessel and nerves. This injury proved to be fatal as per the opinion of the doctor. The second incised wound was on the right parietal bone and it was a simple injury. Three abrasions were on the right ear, middle stern and middle of chest and they were simple in nature. As per the prosecution case, the co-accused Badal inflicted fatal injury on the neck of the deceased, while the appellant inflicted the head injury which was found to be simple. The co-accused Badal being a juvenile offender, was sent to face trial in Juvenial Court and the appellant faced the trial in the Court of learned Additional District and Sessions Judge, Deeg. During trial, prosecution examined 10 witnesses. The accused-appellant denied his involvement in the crime in his statement under section 313 Cr.P.C. and one witness was examined in defence. After conclusion of the trial, the appellant was convicted and sentenced as indicated above.