KHYALA MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Khyala Meena was tried for offence under Sec. 302, Indian Penal Code by the Additional Sessions Judge, Dausa for committing murder of Ramkishor alias Kishore. The learned trial Judge vide his judgment dated 16-9-81 convicted the appellant for offence under Sec. 302, Indian Penal Code, and sentenced him to life imprisonment.

(2.) Briefly, the prosecution case was that appellant Khyala and deceased Ramkishore were partners. They used to cultivate jointly. They also used to sleep together in their Khaliyan situated in the outskirts of village Nihalpura. On the night intervening 8th and 9th April, 1979 till about 11 p.m. the deceased was sitting on the shop of Mangilal (not produced in witness box). Thereafter, he was seen going towards his 'Khaliyan' PW2 Indraj and others heard voices of the appellant and deceased, who were having conversation with each other from their Khaliyan. Next day morning at 5 a.m. PW5 Jhandu Meena found the dead body of the deceased in a cattle pond annexed to Jhajhar well. Jhandu also saw the appellant going on his camel cart towards village Nihalpura. Jhandu informed about the dead body to PW 13 Hajari brother of the deceased and other villagers. The villagers went to the Khaliyan of the deceased, where they found that 'Gadda' (Article 2), and cot (Article 1) were soaked with blood. Blood stains were also found lying underneath the cot and on the 'kutcha' floor of the Khaliyan. Thereafter, villagers went to PW 10 Sarpanch Ramjilal, and informed him. PW 4 Mangilal scribed a report Ex-P 6 on behalf of PW 10 Ramjilal. That report was also signed by the villagers. Mangilal went to the police station Bandlkui and on 9-4-79 at about 11.40 a.m. submitted report Ex.P.6, whereupon PW 17 Rajbal Singh, ASI, who was at that time Incharge of the Police Station drew the formal FIR Ex. P. 7. Rajbal Singh and Ridh Karan PW 15 Dy. S.P. reached Nihalpura village on the same day at about 2.30 p.m. They inspected the dead body of Ram Kishore and prepared inquest report Ex. P.l. They seized and sealed samples of blood stained soil and the controlled sample of earth from the Khaliyan vide Seizure Memo Ex. P. 2 and Ex. P. 4 respectively. Blood stained parts of the cot (Article 1) as also blood stained 'Gadda' (Article 2) were also seized by them vide seizure memos Ex. P. 3 and P. 5, respectively. They also prepared site plan Ex. P. 8.

(3.) Dr. B.S. Thakuria (PW 8) conducted medico legal autopsy of the deceased. He found three incised wounds on the left fore-head, parietal region and left occipital parietal region of the scalp, depressed wound 2" x 2" x 1/4" on the left eye and eyebrow and abrasions on the right side bone of penis and groin region. The doctor prepared post mortem report Ex. P. 15 and opined that the cause of death of the deceased was shock due to intra-cranial hemorrhage caused by multiple injuries on the scalp.