SURAJ MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 31 -8 -1978 passed by the learned Sessions Judge, Tonk in Sessions Cases Nos. 19 and 26 of 1978 convicting the appellant Suraj Mal under Section 302, IPC and sentencing him to imprisonment; for life.

(2.) THE prosecution story unfolded during the trial is that Sheodan arranged a community lunch and all the accused attended the lunch on 2 -4 -1978. After taking the lunch, all of them were returning and they sat near the Khalyan of the deceased Bhanwar Lal. Altercation took place and during the course of altercation Suraj Mal inflicted one Tirpoy Lathi blow on the head of the deceased Bhanwar Lal. First Information Report of this incident was lodged by Gopi (PW 1) on the same day at 11.55 p.m. at Police Station, Toda Rai Singh. On behalf of the prosecution eight witnesses have been examined. PW 1 Gopi, PW2 Prem Lal and PW 3 Devi Lal are the eye witnesses of the occurrence. PW 8 Dr. Ramesh Chand Bakliwala has conducted the autopsy of the deceased and prepared the post -mortem report Ex. P 12. The doctor has opined that the cause of death was trauma leading to fracture of left temporal bone, contusion of left temporal lobe of brain with internal haemorrhage and shock leading to death.

(3.) LEARNED Counsel for the appellant has submitted that even if the prosecution case is taken on its face value, no offence unders ection 302, IPC is made out. He has submitted that there was no previous enmity between the parties and the altercation took place all of a sudden. The complainant party wanted that they should not take rest near the Khalyan and should not smoke there. The accused party objected and thereafter the altercation took place. It has also come on record that PW 1 Gopi in his state -under Section 161, Cr. PC has stated that the deceased addressed accused Surajmal and his companions as Kanjars. This was the cause of a sudden provocation. Accused Suraj Mal lifted the Tripoy lathi which was lying nearby the place and inflicted one head injury.