CHAIN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated the 24th Nov., 1980, of the Sessions Judge, Jodhpur, convicting and sentencing the accused-appellant under Sec. 302, Penal Code to imprisonment for life.

(2.) The case relates to the incident, which took place on July 10, 1979, at about 10.00 A.M. in village Guda, district Jodhpur, and which resulted in the death of Smt. Sugani wife of Jetharam Meghwal of Guda. The accused also belongs to the same village. The prosecution case, in brief, was that about 15 days prior to the occurrence, the goat of Jetharam got mixed with the flock of goats belonging to Chain Singh accused. Mst. Sugani, deceased, went to the accused and requested him to return the goat, but he refused and rather misbehaved with her. Thereafter, Jatharam accompanied by Hukmaram went to him and got back his goat from him. This annoyed the accused, who threatened Jetharam that he was taking away the goat but he would deal with his wife for this. The prosecution story further was that on the date of the occurrence Mst. Sugani was returning from the well and was having a pitcher of water on her head. The accused met her on the way. He was also bringing water from the well in his bullock cart. On seeing Mst. Sugani, the accused took out a Jatura (wooden piece) from the bullock cart and ran after Mst. Sugani. On this, Mst. Sugani ran towards the Dhani of Narayanram to save herself but was chased by the accused. The accused over took her when she reached the field of Narayanram and there he inflicted a Jatura blow on her head. Another blow in succession was given by the accused which landed on her neck. Smt. Sugani, having received these injuries fell down, but the accused inflicted yet another blow on the right temple of Mst. Sugani. Mst. Sugani breathed her last on the spot itself. According to the prosecution, the incident was witnessed by Smt. Papu wife of Narayanram, who is the younger brother of Jetharam, Fatiya another younger brother of Jetharam and Ghewar Ram. Smt. Papu was in the Dhani in that field at that time and came out of the same hearing the shrieks of Smt. Sugani. Fatiya and Ghewar Ram were then in the fields of Fatiya and were attracted to the scene of the occurrence by the cries raised by Smt. Sugani. Fatiya and Ghewar Ram tried to intervene, but the accused threatened them that they should desist lest they too would be killed. The accused left the place in his cart. On the day of the incident Jatha Ram was not in the village. He had gone to village Solankiyatala three days prior to the occurrence. Narayanram had also gone to the jungle and was not in his Dhani. Fatiya, therefore, went to the jungle and informed Narain Ram, as to what had happened. Narayan Ram then went to village Solankiyatala and informed Jetha Ram about the incident. Jetharam and Narayan Ram then returned to the village. Jetharam found that his wife was lying dead in the field. Blood scattered all over the place. He proceeded on foot to the police station, Shergarh, which is about 12 miles from the place of occurrence and there he lodged the first information report on July 11, 1979 at about 8.00 A.M. A case under Sec. 302, Penal Code was then registered by Shri Ramesh Chandra, SHO, and investigation started. Shri Ramesh Chandra proceeded to the village, reached the place of occurrence and inspected the dead body and the site. He prepared the memo of site inspection, seized the blood-stained earth and other articles from the body of the deceased, held the inquest and prepared the Panchayatnama. Dr. Jogaram was called at the spot itself to conduct the post-mortem examination. On examination of the dead body the doctor found the following injuries on the body of Smt. Sugani:-

(3.) After investigation, the police filed a charge-sheet against the accused in the Court of the Chief Judicial Magistrate, Jodhpur. The accused was then committed to the Court of Sessions Judge, Jodhpur, for trial for the offence under Sec. 302, IPC. A charge under Sec. 302, Penal Code was framed and his plea was recorded by the learned Sessions. Judge on Sept. 27, 1979 to which the accused pleaded not quality and claimed to the tried. The prosecution examined as many as 13 witnesses in support of its case which included three eye-witnesses, namely, PW 5 Smt. Pappu, PW 6 Fatiya and PW 9 Ghewar Ram. The cause of the incident was stated by PW 7 Jetha Ram. Thereafter, the statement of the accused was recorded under Sec. 313 Cr. P,C. in which he denied the prosecution allegations and stated that he was innocent and had been falsely implicated. Five witnesses were examined in defence to prove that the accused was below 16 years of age and was a child on the date of the incident. Dr. Rakesh Gaur was then examined as a court witness. He was also examined with regard to the age of the accused.