SUGRIVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Sugriva was convicted by the learned Additional Sessions Judge, Baran, under Section 302 I P. C. and sentenced to imprisonment for life, vide his judgment dated March 19, 1974. Having felt aggrieved by this order of conviction Sugriva has come in appeal before us.

(2.) APPELLANT Sugriva was employed to guard the agricultural field of one Mahat-maji in village Ancholi, Police Station Chhabra. On January 22, 1973 Sugriva went for a round and found somebody plucking gram plants from the field. He threw a challenge to the miscreant, whereupon it is alleged that there were some hot words exchanged between Kanhaiya deceased and Sugriva appellant. Sugriva raised a cry for help, whereupon his companion PW. 1 Chhotiya, who was taking his meals at the point 's' in the site-plan Ex. D/3, started towards the place from where the cry was coming. But before he could reach the spot Sugriva ran away. It is said that Sugriva was armed with a spear. When Chhotiya did not find Sugriva in the field, he went to the nearby village, from where Chhotiya in the company of some other persons started in search of Sugriva. When the search party came to the field of Mahatmaji at the spot 'c' they found with the help of their torches dead body of Kanhaiya lying in the field. They also saw a spear would on the chest of Kanhaiya. A report was lodged at the Police Station Chhabra. Sugriva was found missing from the village and therefore he could not be apprehended immediately. The Postmortem of the dead body of Kanhaiya performed by Dr. T. R. Sikhdar whose statement was recorded as PW. 1 in the committing court and was taken on the record in the trial court. The doctor deposed that he found one injury on the chest longi-tudenal Punctured wound penetrating nature on the left side of the chest 1-1/4" lateral to the mid-sternal measuring 3-1/2" x 1/4" gone deep upto 4" towards the back. In his opinion the injury should have been caused by some sharp object. In the post-mortem report the doctor stated that in his opinion the deceased must have died due to pene-trating wound caused by sharp object which injured the vital organs like heart, left lung resulted shock and haemorrhage. Sugriva was challaned in the court of the Munsif-Magistrate, First Class Chhabra, from where he was sent for trial to the court of Addi-tionai Sessions Judge, Baran.