TARA AND LAKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two appellants Lakha and Taga were tried, by the learned Additional Sessions Judge, Jalore along with six other accused (acquitted) in connection with an offence which took place in the intervening night of 3rd and 4th April, 1975, in the house of Dewa (since deceased). In the course of that occurrence Dewa (deceased) sustained serious injuries;, and as a result of those injuries he met an instantaneous death. The learned Additional Sessions Judge convicted I both the accused appellants under Section 302, I.P.C., and sentenced each of them to life imprisonment and a fine of Rs. 500/ - each, in default of the payment of which they were to undergo further imprisonment for a period of one year. Rest of the accused were acquitted of all the charges.

(2.) SHORN of all, unnecessary details, the prosecution story as disclosed at the trial is that P.W. 7 Mst. Mani was betrothed to Bhagwara, son of Kana Jat, resident of village Meerpura. Since Dewa (deceased), father of Mst. Mani was not agreeable to their marriage, a Panchayat was held and ultimately Dewa ostracised for not acting upto the decision of the Panchayat. On April 1, 1973 Dewa (deceased) took his daughter P.W. 7 Mst. Mani for clinical examination to a doctor at Jalore. Kehra in the company of 21 person's including the accused -appellants met Dewa (deceased) in the way and asked him to take his daughter to Meerpura. Dewa (deceased) refused to oblige them, and ran with his daughter to the quarters of Manaram. It is alleged that after some time all the 21 persons went to the house of Manaram, broke open the door of the house, and made an unsuccessful attempt to take away Mst. Mani. A complaint of this occurrence was lodged by Dewa (deceased) against all the 21 persons, in the Court of Munsif -Magistrate, Jalore on April 2, 1973. Besides this on 31.5.1973 Dewa deceased) also got filed another complaint through P.W. 1 Pura Ram Jat against 33 persons including the accused -appellants before this Court under Section 107, Cr.P.C. A case under Sections 147, and 326 I.P.C. was also instituted against the appellants along with others and they were being dragged to courts off and on, which enraged them against Dewa (deceased). On April 1, 1975 the accused persons along with others fad to attend the Court of Munsiff -Magistrate, Bhinmal, which added fuel to the fire. Prior to the occurrerce they came to the house of Lakha, where they decided to do away with Dewa (deceased) so as to be relieved of the harassing litigation and recurring trouble once for all. P.W. 6, Bhala, who used to live adjacent to the house of Lakha, over heard their conversation. He came to the house of Dewa (deceased) and informed him of the conspiracy by the accused persons. Dewa (deceased) did not take it seriously and told him that the accused were in the habit of giving such threats, if they had really meant to murder him, he would not have been left alive for so long. On the second thought, Dewa (deceased) asked Bhala to stay with him, Bhala (P.W. 6) took his meals at the house of Dewa (deceased) and thereafter, Dewa (deceased) slept in the 'chowk' of his house; P.W. 6 Bhala slept near the door, whereas P.W. 7 Mst. Mani, daughter of Dewa (deceased) slept in the 'Orsari'. At mid -night when the moon had come up in the sky, the accused appellants in the company of six other persons trespassed into the house of Dewa (deceased). Lakha was armed with a 'Dhariya'; Taga was armed with a dagger and the rest of the accused were armed with 'lathis'. It is alleged that Lakha and Taga simultaneously inflicted two 'Dhariya' blows on the head of Dewa (deceased) and dagger blows respectively. Thereafter, the other accused inflicted injuries with 'lathis'. Seeing this P.W. 6 Bhala ran away for life. P.W. 7 Mani kept quiet and remained lying on the cot. After the injuries were inflicted on Dewa (deceased), the appellant Lakha told that since Dewa was dead they should leave the place. After the accused persons had left the place, P.W. 7 Mani went, near her father and found him dead. She got frightened and came out of the house weeping and went to the house of P.W. 9 Isra for her own safety. There she met Isra's sister P.W. 5 Mst. Sugni to whom she narrated the whole incident. In the mean time P.W. 6 Bhala straight away reached the house of P.W. 1 Pura Ram, son -in -law of Dewa (deceased) and told it all to him Pura Ram collected some persons and came to the house of Dewa (deceased) in the company of P.W. 6 Bhala and others. Before entering the house of Dewa (deceased), they called other persons from the village and thereafter went inside the house and saw Dewa (deceased) lying in a pool of blood, and found him dead. PW. 1 Pura Ram enquired from P.W. 7 Mst. Mani about the incident and thereafter went to lodge a first information report of the occurrence. The first information report of this occurrence was lodged at the Police -Station, Sarchore, at 9 a.m. The distance between the place of occurrence and the police station is 15 miles. P.W. 8 Motilal, Station House Officer, Sanchore registered a case against the accused persons under Section 302 I.P.C. and reached the spot. Autopsy on the dead body of Dewa (deceased) was performed by P.W. 4 Dr. N.T. Hirani. He found the following external injuries on the person of Dewa (deceased):

(3.) FROM the statement of P.W. 4 Dr. N.T. Hirani and the post -mortem report Ex. P.5 as well as the statement of P.W. 7 Mst. Mani and the Investigating Officer P.W. 8 Motilal it stands proved beyond reasonable doubt that Dewa (deceased) sustained injuries at the place and time alleged by the prosecution.