HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Heera Lal was convicted under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 100/ -, in default of the payment of fine to further undergo three month's rigorous imprisoment by the learned Additional Sessions Judge, Udaipur by his judgment dated July 13, 1981. He has come -up in appeal and challenges his conviction.

(2.) BRIEFLY stated, the prosecution case is that the deceased Janki Lal (aged about 55 years) was the elder brother of Narain Lal. The appellant Heera Lal is the son of their real sister. Janki Lal was living with his wife Mst. Bhagwati and the other members of his family in Onad Singh -ki -Bhakal, P.S. Kheroda, district, Udaipur. Both the brothers had sold their agricultural lands to the appellant and his father and brothers. Narain Lal executed the sale deed Ex. P 31 in their favour but Janki Lal did not. He was approached by the appellant and his brothers for getting the sale deed executed and registered. Janki Lal avoided the execution and registration of the sale deed on one pretext or the other. This led to civil and criminal litigation between him and the appellant along with the members of his family, Janki Lal apprehended danger from the appellant and the members of his family. He reported the matter to police and the police submitted the report Ex. P 33 under Sections 107 and 145, Cr.PC against the appellant and the members of his family in the Court of Sub -Divisional Magistrate, Vallabhnagar on July 18, 1980. This further embittered the relations between Janki Lal and the appellant. At about 4 00 or 5.00 p.m. on October 17, 1980, Bhagirath and Chunni Lal, who are the real brothers of the appellant, went to the house of Janki Lal. His wife Mst. Bhagwati (PW 9) served food to them. Both of them had a talk with Janki Lal for making a compromise of the disputes. After taking their meals, Bhagirath and Chunni Lal left the house. Janki Lal also left the house and took his bull -buffalo to the well of PW 1 Purna Shanker to provide water to the cattle. Bhagirath and Chunni Lal also reached there. They again started talking with Janki Lal for a compromise. While the talks were going on, the appellant and his other brother Lal Shanker also reached there. Lal Shanker, Bhagirath and Chunni Lal over -powered Janki Lal and caught hold of him. Accused Heera Lal started striking blows to Janki Lal with a knife. Janki Lal raised cries. Hearing his put -cries, PW 1 Purna Shanker, PW 2 Khem Shanker and PW 3 Radha Krishna rushed to the spot. The appellant struck eight/ten blows with his knife to Janki Lal. Janki Lal fell down. The above three witnesses challenged them. The appellant and his brothers thereafter took to heels. They made good their escape on bicycles. PW 9 Mst. Bhagwati also arrived on the spot. Before she could arrive there, Janki Lal breathed his last. Purna Shanker went to police station Kheroda and verbally lodged report Ex. P 1 of the occurrence. The police registered a case under Section 302, IPC against the appellant and his three brothers Lal Shanker, Bhagirath and Chunni Lal. The Station House Officer Fakir Mohammed (PW 14) arrived on the spot. He sent three police constables to keep a watch at the site. He himself went in search of the accused persons and arrested them at about 9.00 a.m. on October 18, 1980 at the bus stand, Bhindar. At about 11.00 a.m. on the same day, the Station House Officer along with the Deputy Superintendent of Police arrived on the spot. He prepared the inquest of the victim's dead body. He also inspected the site and prepared the site plan. The post -mortem examination of the victim's dead body was conducted by PW 11 Dr. Lalit Chandra the then Medical Officer Incharge, Primary Health Centre, Vallabhnagar at about 2.00 p.m. on the same day. The doctor noticed the following injuries on the victim's dead body:

(3.) IT may be pointed out before dealing with the contentions of the learned Counsel for the appellant that the opinion of Dr. Lalit Chandra (PW 11) relating to the number and nature of the injuries and the cause of death was not assailed before us. We have also gone through the testimony of the doctor and find no reasons to distrust his opinion about the cause of death of the victim Jankilal. The testimony of the doctor shows that the victim was inflicted as many as twelve injuries by a sharp -edged weapon like knife. He died on account of the injury to the heart. The death of Janki Lal was, thus, homicidal.