KUMBHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a jail appeal against the Judgment of the learned Sessions Judge, Pali, dated 30 -9 -1981 whereby the learned lower Court held accused -appellant Kumbha Ram guilty of the offence under Section 302 IPC and sentenced him to imprisonment for life together with a fine of Rs. 500/ - and in default, to undergo three months rigorous imprisonment.

(2.) THE facts giving rise to this appeal briefly stated are that deceased Malaram was employed in a factory at Sojat. He was the resident of village Rajolakala situated within the jurisdiction of Police Station, Shiv Pura, District Pali. He has been visiting his native place every two to three months. His wife has been residing there. PW 3 Totaram is him real brother. PW I Sukdi in his brother's wife. PW 4 Gajarki is the wife deceased Malaram. It is alleged that before one and half year of the occurrence, Malaram abducted the wife of one Pemaram Meghwal. A case was also registered in this respect. Accused Kumbharam happens to be the nephew of Pemaram. He did not digest the abduction of Pamaram's wife by Malaram. It is alleged that Malaram returned from Sojat to his village Rajolakala on 8 -7 -1980 at about 10 a.m. After taking his meals, he was sleeping in the Sal of his house. At about 2 p.m. when Malaram was sleeping in his Sal, Mst. Sukdi was also sitting in another Sal and Mst. Gajarki went to clean her clothes at the Nadi, accused Kumbharam came armed with a knife, entered the house of Malaram and gave a kick to him, by which, he woke up and stood up, As soon as Malaram stood up, Kumbharam inflicted several knife blows to Malaram. Mst. Sukdi cried 'MARE RE MARE RE'. Even the injuried himself cried. Some of the children who came there on hearing the cries of Mst. Sukdi also cried, The cries were heard by one PW 3 Bhikaram who happens to be the elder father's son of Malaram and he ran towards the house of Malaram and saw the accused Kumbharam coming out of the house of Malaram. As soon as he went inside the house of Malaram, he found Malaram lying seriously injured and profusedly bleeding. Mst. Sukdi told him that Kumbharam has inflicted these injuries to Malaram and has run away. Thereafter, PW 2 Khinyaram who happens to be the brother of Malaram and husband of Mst. Sukdi was called. Khinyaram went to the Sarpanch and others and related (he incident and they also came there. It is alleged that on enquiry, they were informed by Malaram that accused Kumbharam has inflicted these injuries to him. Mst. Sukdi also informed her husband Khinyaram that Kumbharam has inflicted these injuries to him. The intestines of Malaram were coming out of the wounds and so, they were put inside the stomach and a cloths was wrapped around the wounds and it was advised by the relations of Malaram that he should be taken to the Hospital, but on the way to the Hospital, he succumbed to his injuries after he was taken one mile away from his house. His dead body was then brought to the village. Threafter, it is alleged that Khinyaram requested the Sarpanch and others to write a report on their behalf, but they told him to lodge the report orally at the Police Station and thereafter, he went to the Police Station, Shivpura, which is situated at a distance of about 19 kilometers from village Rajolakala and there, he lodged the oral report, which has been marked Ex. P. 13.

(3.) AFTER usual investigation, the case against the accused was challaned in the court of learned Chief Judicial Magistrate, Pali, from where it was committed for trial to the court of learned Sessions Judge, Pali. The learned Sessions Judge changed the accused with the offence under Section 302 IPC. The accused did not plead guilty to the charge and claimed trial, whereupon, the prosecution examined as many as 15 witnesses in support of its case. The statement of the accused was recorded under Section 313 Cr. PC. He has pleaded complete ignorance about the occurrence. He has further stated that knife and Dhoti were not got recovered on his information and at his instance. According to him, he has a dispute about the way with Mst. Sukdi and Bhikaram and on account of enmity, they have falsely implicated him. The case of the defence as put forth in the testimony of the five defence witnesses is that actually, somebody else has inflicted these injuries to Malaram and none of the relations of Malaram knew as to who had inflicted these injuries to Malaram. Malaram never regained consciousness as he was seriously injured and, therefore, the accused has been falsely implicated in this case on account of the enmity existing between him and and the family members of Malaram.