BHERULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal of Bherulal is directed against the judgment of the learned Additional Sessions Judge, Baran dated May 11, 1971, whereby Bherulal has been convicted for an offence under section 302 I.P.C., and sentenced to imprisonment for life. The two associates of Bherulal, who were also tried along with him namely, Prahlad son of Surajmal Mina and Ramlal son of Brij Mohan Brahmin, were however acquitted by him giving them the benefit of doubt.

(2.) The prosecution case, as revealed by the confessional statement of the accused Bherulal, is like this: On the night between 9th and 10th June, 1970 deceased Prahlad son of Chhitar Mina borrowed some money from the accused Bherulal and after taking wine at the wine shop near -Mandola Darwaja', both of them proceeded for village Mandola. Prahlad had a bottle of wine with him. After having traversed some distance both of them stopped for taking rest in a field. It is said that Prahlad, taking Bherulal to be asleep, took out a knife from the pocket of the accused and tried to stab the accused. The accused Bherulal warded off the attack with his hand and the result was that he sustained knife injuries on his two fingers. Thereafter Bherulal snatched the knife from the hands of the deceased Prahlad and caused as many as 13 stab - wounds on the person of Prahlad resulting in his instantaneous death Then Bherulal returned to Baran and while doing so he went to the river and washed his clothes. He used to stay at Baran with P. W. 16 Bhagwandas. When the accused Bherulal reached home, Bhagwandas made enquiries as to how his clothes were drenched. Thereupon, it is said that an extra-judicial confession was made by the accused to Bhagwandas admitting the guilt of having committed murder of Prahlad.

(3.) Next morning, when the dead body of Prahlad was found lying in the field, a report was lodged by one Chhitar Khati. It was suspected that the murder was committed by Bherulal, Prahlad Mina and Ramlal Brahmin. All of them were arrested. When Bherulal was under arrest, he furnished information that he had hidden the knife exhibit-1 in the house of Bhagwandas and at his instance knife exhibit-1, which was found to be blood-stained, was got recovered. Bherulal was produced before the learned sub-Divisional Magistrate, Baran on July 16, 1970 for recording his confessional statement. This statement was recorded by the learned Sub-Divisional Magistrate, which is on the record. In this statement also, it was confessed by Bherulal that when he was taken to be asleep deceased Prahlad took out a knife from his pocket and tried to attack him with the result that he sustained injuries on his fingers and at this stage he snatched the knife from the hands of the deceased Prahlad and caused stab-wounds. His plea, therefore, was that he caused injuries to the deceased Prahlad in the right of his private defence.