AMBA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Rajsamand, dated March 6, 1982 by which the appellants Ambalal, Bhagwanlal and Motilal were convicted under Section 302/34 IPC and each was sentenced to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's rigorous imprisonment.

(2.) BRIFLY stated, the prosecution case is that the deceased vitcim Ambalal aged about 55 years was a resident of village Sundercha, Police Station Rajnagar, District Udaipur. The appellants are also residents of the same village. The fileds of the deceased and the appellants are situate adjacent to each others as shown in site plan Ex. P. 6. At about 6.30 a.m. on 14 -3 -1981, deceased Ambalal went to his field to collect the green grass. The appellants also reached there. Accused Moti Lal had an axe while the remaining two Ambalal and Bhagwan Lal were armed with lathis. They made an assault on Ambalal (deceased) and inflicted injuries to him with the weapons they were armed with. As a result Ambalal fell down. There was profuse bleeding from his wounds, His son Satyanarain PW 5 on being apprised of the incident rushed to the field and found his father lying in an injured condition. Ambalal was taken in a bullock cart to the hospital Rajsamand. PW 5 Satya Narain went to Police Station. Rajsamand and submitted a written report Ex. P. 4 of the occurrence at about 9 a.m. on the same day. The police registered a case under Sections 307, 324, 325 and 447 IPC. The Investigating Officer requested the Additional Munsif and Judicial Magistrate, Rajsamand to record the dying declaration of Amba Lal. The learned Magistrate went to the hospital and recorded the dying declaration Ex. P. 17 of Ambalal, The injuries of Ambalal were examined by PW 1 Dr. Surendra Kumar the then Medical Officer Incharge, Primary Health Centre, Rajsamand. He found the following injuries on his person:

(3.) BEFORE proceeding further, it may be mentioned that the appellants were convicted solely on the basis of the written dying declaration Ex. P 17 recorded by the Judicial Magistrate, Jagdish Singh PW 14. The learned Sessions Judge found the dying declaration Ex. P 17 truthful. Accepting the dying declaration Ex. P 17 as true and the substantial piece of evidence, he convicted the appellants.