KISHAN LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Kishan Lal. Hazari and Laddu have filed this appeal against the judgment of the Additional Sessions Judge. Gangapur City dated 15th Jan., 1974 whereby accused Kishan Lal has been convicted under section 302 I.P.C. and accused Hazari and Laddu have been convicted under section 302 read with section 34 Indian Penal Code and each one of them was sentenced to imprisonment for life.

(2.) The prosecution case was that on 30th March, 1973 Kishan Lal, Hazari and Laddu were putting a fence on their Rijka field. Deceased Bheru thought that the accused-appellants were encroaching upon his field while putting a fence round their field and therefore Bheru entreated Kishan Lal not to do so This, it appears, enraged the accused party when Bheru came physically to stop Kishan Lal and his associates from putting fence. It is said that Kishan Lal who was armed with a Jelly dealt a blow on the head of deceased Bheru. According to the first information report. Hazari caught hold of Bheru and it was thereafter that Kishan Lal gave a 'Jelly' blow. It is also mentioned in the first information report that after Bheru fell down, Laddu gave him an axe blow on the back of Bheru. Bheru after receiving the blows lost his consciousness. He was removed to the nearby Aushdhalaya. On the instructions of the incharge of the Aushdhalaya he was taken to the hospital, PW 15 Dr. G. H. Sexena found the following injuries on the person of Bheru the next morning I.e. 31-5-73.

(3.) According to the opinion of the doctor the injuries sustained by decesaed Bheru an discovered by him on the basis of post-mortem examination, were sufficient in the ordinary course of nature to cause death. Challan was put up in the court of the Addl. Munsif Magistrate, Sawai Madhopur against all the three accused persons. Kishan Lal was charge sheeted under section 302 simpliciter whereas a charge was framed against accused Hazari and laddu under section 302 read with section 34 Indian Penal Code Both Hazari and Laddu denied the charge. But Kishan Lal admitted to have inflicted a 'Jelly' blow on the head of the deceased because when he was putting a fence round his field, Bheru attacked him with a lathi since be was holding a 'Jeily' in his hand he tried to protect him by using 'Jelly' against Bheru which resulted in the injuries on the head of Bheru.