TITA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Tita was challenged for an offence under Sec. 301 Part I, I. P. C. by the police. He was, however, charged under Sec. 302 I. P. C. At the trial the learned Sessions Judge, Banswara found him guilty of committing the offence under Sec. 304 Part I. I. P. C. and sentenced him to undergo rigorous imprisonment for a period of 6 years and a fine of Rs. 2000.00 in default of payment of fine to undergo rigorous imprisonment for one year by his judgment dated 24. I. 1976.

(2.) Aggrieved by his conviction and sentence the appellant has preferred this appeal.

(3.) The prosecution case, in brief, is that on 19. 10. 1975 at about 8 P. M. the deceased Rajhang aged about 60 years old was grazing his bullock on the fringes (medh) of his field known as Khajurawala situated in the village Vakaner. The adjoining field belonged to the appellant Tita. The appellant came there and asked the deceased as to why he was grazing his bullock in the field of the appellant and started inflicting lathi blows on the person of the deceased. On his cries Madia, PW 3, Lalu PW 4 and Hadia PW 8 came on the spot. The accused ran away. The injured Rajhang got himself examined for his injuries by Dr. Kanakmal Jain PW 2 at 10 A. M. on Oct. 20, 1975 and, thereafter, lodged the report Ex. P/3, at the police station Kushalgarh. As advised by Dr. Kanakmal Jain, he went to the Government Hospital, Banswara for his X-Ray. He remained there for six days. He came back and got admitted himself in the P. H. C. Kushalgarh on Oct. 27, 1975. He, however, died next day i. e. on 28th Oct., 1975. The post mortem examination was conducted by Dr. B. N. Bhargava P.W.l. The accused Tita was arrested. During investigation, on his furnishing the information, lathi Art. 1 was recovered from his house. Achallan under section 304 I. P. C. was filed against the appellant in the court of Munsif-and-Judicial Magistrate, Kushalgarh, who committed the appellant to the court of Sessions to stand his trial. The learned Sessions Judge, Banswara convicted and sentenced the appellant as mentioned above.