MEHANDUDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated November 27, 1971 of the learned Ss. Judge, Pali, whereby he convicted the accused appellants. Mehanduda and Madia for committing the murder of Jeewan (Since deceased) and causing injuries to PW 1 Mst. Sarwani, PW 5 Sarwan and PW 8 Harji and sentenced them as under: - -

(2.) THE fields of Jeewan (since deceased) and his father PW 11 Bakhta are adjacent to the fields of secured Mahenduda, Kishne and others. The fields of PW 11 Bakhta, father of the deceased, were being irrigated by the well known as "Dhedki" and the fields of the accused were irrigated by the well "Dhed". There are three 'neem' trees growing on the southern side of the water course passing near the well "Dhed'' There was a long standing dispute regarding the ownership of these trees between the family members of Jeewan (deceased) and the family members of accused Mahanduda. On the date of occurrence, that is, December 26, 1970 just before the occurrence PW 1 Mst. Sarwani was picking up abilities in her field. PW 10 Aidan was operating the Persian wheel end PW 5 Sarwan was diverting the water towards the wheat crop. In the noon time Jeewan (deceased) came to the field and saw accused Mehanduda cutting the branches of the "neem" tree Jeewan (deceased) objected to it and the accused Mehanduda climbed down from the "neem" tree. A verbal altercation took place between then. Hearing the noise PW 1 Mst. Sarwani, PW 5 Sarwan and PW 10 Aidan proceeded towards the water -course and when they climbed up the water -course near the 'Dhed' well, they noticed that the six accused versons viz. Mehanouda, Madia, Kishna, Heera, Chouthia and Chhoga were inflicting injuries on the person of Jeewan (deceased). Mehanduda inflicted blows on the person of Jeewan (deceased) both from the sharp and the reverse side of the axe, while accused Kishna, Heera and Madia inflicted lath -injuries and accused Chouthia and Chhoga facilitated the infliction of injuries by holding Jeewan (deceased). In the course of the incident PW 8 Harji happened to come there. PW 1 Mst. Sarwani, PW 5 Sarwan and PW 8 Harji intervened to save Jeewan (deceased) but they were also be laboured. As a result of the injuries Jeewan met with instanteous death. PW 10 Aidan was chased by the accused but as he could not be caught, no injury was inflicted on him. After some time PW 11 Bakhta, father of Jeewan (deceased) came to the field. The eye witnesses of the occurrence narrated the entire story to him. Thereafter he went to the Police Station, Kalu to lodge a first information report of this occurrence. The distance between the Police Station and the place of occurrence is 18 miles. The first information report of this occurrence was recorded by PW 17 Shri Afzal Khan at 11:30 p.m. on December 26, 1970. The first information report is Ex. P22. A case under Ss. 302 and 323 I.P.C. was registered against all the above mentioned six accused persons. As no conveyance was available, the Sub -Inspector of Police reached the place of occurrence at 10.30 AM on December 27, 1970. He prepared a description memo of the dead body of Jeewan (deceased) Ex. P.12, and inspected the site. He found a blood -stained axe belonging to the accused lying near the dead body. As the axe was bleed -stained it was seized and sealed on the spot. The seizure and the site inspection memo is Ex. P.13. He also prepared the site -plan Ex. P.14, and inquest report Ex. P.15. The autopsy on the dead body of Jeewan (deceased) was performed by PW 15 Dr. G.S. Rathore. The post -mortem report is Ex. P.4. PW 15 Dr. G.S. Rathore found the following external injuries on the dead body of Jeewan: - -

(3.) ON the same day PW 1 Mst. Sarwani was clinically examined. The injury report is Ex. P. 7. In the opinion of the doctor the injuries sustained by her could be caused by a blunt weapon.