KANHAIYA LAL AND ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the accused - appellants were charged and tried for the offences under Sec. 302 Indian Penal Code and, in the alternative, under Sec. 302/34 Indian Penal Code and Sec. 323 Indian Penal Code for committing murder of Ram Narain, real brother of appellant No. 1 Kanhaiya Lal. On conclusion of trial, the learned Sessions Judge, Jaipur District. Jaipur, wide his judgment dated 18th Dec., 1980 convicted the appellants under Sec. 302 Indian Penal Code and in the alternative under Sec. 302/34 Indian Penal Code and sentenced them to life imprisonment and a fine of Rs. 300.00 each, in default, three months' R.I. Both the appellants were also convicted under Sec. 323 Indian Penal Code and were sentenced for one year's simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) Succulently stated, the facts of the case are that on 3rd Jan., 1980 at 11.45 p.m. Badri Narain (PW 14) lodged an oral report at Police Station Chaksu to the effect that in village Anandpur there is a well known as 'New Well' fitted with a pumping set. Both, the complainant and accused party had share in this working well having 1 /3rd share and ⅔rd share respectively. Hence, as per agreement they used to take water from the well according to their rotation. The accused party used to draw water for two days while the complainant party used to draw water for four days in a week. It was stated that the complainant party was prevented from taking water from the well as the accused Kanhaiya Lal had removed the belt from the pumping set two days prior to the date of occurrence. On 3rd Jan., 1980 when Kanhaiya Lal tried to operate the pumping set, Ram Narain (deceased) obstructed him on the pretext that he was not allowed to take water on the last turn. This resulted in Kanhaiya Lal's using abusive language followed infliction of lathi blows on Ram Narain and Badri Narain and when his brother Ram Gopal came to intervene he too was also not spared. As a result of lathi beating Ram Narain and Badri Narain sustained injuries. During this "marpit" Radha Mohan and Ganesh were also present. This report was written in the Rojnamcha by Shri Virendra Singh which is marked as Ex. P-11 A. The injured were referred for medical examination. It has come in the evidence that the Medical Officer of Chaksu did not attend the deceased Ram Narain and referred to S.M.S. Hospital, Jaipur where he was examined by Dr. B.B.L. Goswami. The MLR of the deceased Ram Narain is Ex. P. 16. The doctor found the following injuries on the person of the deceased:-

(3.) Ram Narain died on 4th Jan., 1980 at 1.00 p.m. at S.M.S. Hospital. On receiving of the information that Ram Narain died the Police registered the case under Sec. 302 Penal Code against the accused appellants and it started investigation. On 5th Jan., 1980 the Investigating Officer prepared the site plan which is marked as Ex. P-2. The post mortem on the dead body was conducted by Dr. B.B.L. Goswami who opined that the cause of death was shock brought about as the result of injuries with cumulative effect of head injury. The post mortem report is Ex. P. 17. After investigation the police submitted charge-sheet against both the appellants and the case was committed for trial. Prosecution examined 22 witnesses and pleas of the accused were recorded. Ganesh in his plea stated that the complainant-party inflicted injuries on him for which he had already lodged a report with the Police Station, Chaksu. The accused also produced two witnesses in defence.