UDAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UDASINGH has been convicted by the learned Sessions Judge, Jalore for the offence under Section 304, Part II, IPC and sentenced to five years' rigorous imprisonment and a fine of Rs. 1500/, in default of payment of fine he is to undergo rigorous imprisonment for two years. Further it was ordered that if the fine was realised then it should be paid to the heirs of deceased Bhanwarsingh. Two appeals have been preferred against this judgment dated June 5, 1982. Accused Udaisingh has preferred a jail appeal against his conviction while the State has preferred an appeal for securing his conviction under Section 302, IPC. Both these appeals are being disposed of by this judgment and Udaisingh shall, here in after be referred to as the appellant.

(2.) APPELLANT Udaisingh was running a hotel of meat and 'Roti' at Bhinmal in a room arranged by PW 2 Mohanlal. He had also arranged for the utensils and the necessary furniture for this purpose. On January 6, 1982, at about 8 p.m. deceased Bhanwarsingh son of Bhoorsingh, Constable of Bhinmal and PW 13 Bhanwarsingh son of Bhagatsingh of Ledhermed, who had come to Bhinmal to attend some court hearing together, went to the appellant for having their meals. The deceased had also gone there with the intention of checking the wine shop and the meat hotel and he found that the wine shop was locked. When they reached the hotel of the appellant, they found the hotel closed. The deeeased Bhanwarsingh called out appellant Udaisingh and knocked the door. Udaisingh opened the door after some time according to PW 13 Bhanwarsingh, Udaisingh struck a blow with a knife in the ribs of deceased Bhanwarsingh. The deceased shouted that Udaisingh appellant had attacked him with a knife. Bhanwarsingh fell down and PW 13 Bhanwarsingh went to the Police Chowki and lodged a report about the incident. Deceased Bhanwarsing died thereafter, while the appellant first went to PW 2 Mohanlal and related the incident to him and asked Mohanlal to protect him. According to the version of the appellant, deceased Bhanwar Singh insisted on having food at the hotel even when the appellant told him that the hotel was closed on account of 'Gyaras'. Deceased Bhanwarsingh abused him upon which he got annoyed and picked up the meat knife which was lying there and struck a single btow with it. On the basis of the FIR, a case against the appellant was registered and he was arrested. While he was in custody, he made a confession before PW 8 Shri Pradeep Shah, Munsif, Magistrate, which is Ex. P. 13. In this statement, the appellant said that on January 6, 1982 at about 8.30 p.m when the door of the hotel was closed, two persons called him from outside but he told them that the hotel was closed on account of 'Gyaras'. Both the persons started abusing him and kicked the door which gave way under the pressure and both the persons came inside and pulled him out and insisted on him cooking meals for them, He refused upon which they again abused him. They went out and he closed the door but Bhanwarsingh deceased again kicked the door and as the door opened it struck him and he (appellant) fell on the ground. He got angry and picked up a meat knife and inflicted a blow in the stomach of Bhanwarsingh who shouted. He (the appellant) got nervous and threw the knife in a Ber tree and went to the cinema hall from where he was arrested by the Police. This version of the accused -appellent has been repeated by him in his statement under Section 313 Cr.PC with the addition that when the deceased and the other Bhanwarsingh came inside the hotel, they caught hold of his neck and said that if he was not prepared to cook food, they would finish him, He took the plea that he inflicted the blow on the deceased in his self defence, otherwise he would have been strangulated.

(3.) IN the opinion of the doctor deceased Bhanwarsingh met his death due to haemorrhage and shock caused by rupture of kidney and intestines. The injury was sufficient in the ordinary course of nature to cause death. He further opined that the wound in question could have been caused by a weapon like knife.