LALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated the 29th March, 1976 of the Sessions Judge, Udaipur convicting and sentencing the appellant for the offence under Section 302 I. P. C. to imprisonment for life and a fine of Rs. 200/-, in default of payment of fine to two months' further rigorous imprisonment and under Section 323 I. P. C. to one year's rigorous imprisonment. The substantive sentences to run concurrently.

(2.) THE accused appellant and five others, namely, Dhanna, Lala, Maduwa, Kamji, Waga and Motia were tried for the offence under Section 147, 302, and 302/149 I. P. C. THE incident took place on the night intervening 26th and 27th March, 1975 in village Saklal which resulted in injuries to both the sides. On the side of the prosecution Wala, Hakra and Mst. Mangli received injuries Out of them Wala died on March 27, 1975 at 8 A. M. On the side of the accused Lala and Dhanna sustained injuries. THE prosecution case in brief was that on the night of incident the accused went to the house of Hakra and asked him to accompanied them for playing Holi. Hakra and others accompanied them and they proceeded to other houses and reached the Taihati of Hanumanji's temple situated at the hillock in the village. THEre a dispute arose, whether the Holi should be burnt near the temple of the hillock or near the talhati. THE prosecution case is that this dispute resulted in a fight between the parties. It is alleged that the accused inflicted blows to Wala, Hakra and Mst. Mangli. THE first information report of the occurrence was lodged by Hakra on March 27, 1975 at police station, Pahada, on which a case under Sec. 147, 148 and 323 I. P. C. was registered. On the death of Wala the offence under Section 302 I. P. C was also added. Shri Kadim Hussain, who was the Station House Officer of the Police Station, Pahada, proceeded to the spot, prepared the inquest report, inspected the site and recovered the blood stained earth and other material evidence from the place of incident. He sent the deceased and the injured to the Government Dispensary Kherwara where Dr. Surendra Kumar Mathur conducted the postmortem examination of Wala and examined the injuries of Hakra and Smt. Mangli. THE investigating Officer arrested the accused and recovered lathis on the information and at the instance of the accused. After investigation he filed a charge-sheet against the appellant and five others, namely, Dhanna, Maduwa, Kamji, Waga and Motia in the court of the Munsif and Judicial Magistrate, Doongar-pur. THE accused were then committed to the court of sessions for trial for the offences under sections 302/149, 323,323/149 and 147 I. P. C. THE plea of the accused was recorded, to which they pleaded not guilty and claimed to be tried. In support of its case the prosecution examined as many as eight witnesses, including PW 3 Hakra. P. W. 4 Mangla, P. W. 5 Smt. Mangli, P. W. 6 Smt. Bassu and PW. 7 Dhanna eye witnesses of the occurrence P. W. I Dr. Surendra Kumar proved the post mortem report of Wala and the injuries received by Hakra and Smt. Mangli. He also proved the injuries of the accused Lala and Dhanna. THE injuries received by the deceased and the injured are as under:- " Wala-deceased: 1. Left eye black, oedematous, swelling around and upto left ear and above it. THE pupil dialated, conjective of left eye congested and oedematous. Blood discharge coming from nostrils. Neck turned to left side, loose. 2. Abrasions:- 1. 6x4 cm. on extensor surface of left fore-arm in upper half. 2. 4 x 2 cm. on lateral side of left thigh in middle. Bruise :- 1. 12 x 3 cm. transversely over the lower part of the back in the middle. 2. 10x2 cm. on right upper part of back obliquely.