KALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these three appeals are directed against the judgment of the Additional Sessions Judge, Jalore dated 18th Dec, 1971 whereby the three appellants, namely, Kaliya, Pabia and Hamiya have been convicted under Section 302 read with Section 34, I. P. C. and sentenced to imprisonment for life. The two accused, namely, Dharamsingh and Soniya who were also tried along with the appellants, were however acquitted of the said charge accepting the plea of alibi advanced by them.

(2.) THE facts giving rise to this criminal litigation are as follows:

(3.) ACCUSED Dliaramsingh who has been acquitted by the Court had inimical relations with deceased Misriya and it is said that litigations were going on between them. On 15th February, 1971 at about sunset deceased Misriya was going to his field in village Sayala. P. W. Sardara joined deceased on the road because he was also going in that direction to ease himself. It is alleged that Misriya and Sardara saw five accused persons including the three appellants all of a sudden appearing on the road. Kaliya was armed with axe and the other four persons had lathies with them. According to the prosecution case Dharamsingh gave a call and at his call accused Hamiya first of all gave a lathi blow on the head of Misriya with the result that he fell down and then accused Kaliya gave an axe blow on the face of Misriya. Sardara raised an alarm which attracted two persons to the scene of occurrence, namely, Mohaniya who was cultivating the field of Misriya and Kheemsingh who was coming from Sayala towards the place of occurrence. It is said that in the presence of these three persons, namely, Sardara, Mohaniya and Kheemsingh, who were witnessing the occurrence from a distance of 8 panwadas all these accused persons dealt lathi and axe blows on the neck of Misriya when he was lying flat on the floor. These accused persons then left Misriya when they found that he was dead.