PARBAT SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated Nov. z5, 1994 passed by learned Additional Sessions Judge, Jhalawar in Sessions Case No. 170/1993, convicting the appellants under Sec. 302/34 and 323/34 IPC. Under Section. 302/34 IPC, each of the appellants was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500. In default of payment of fine, to undergo one month's rigorous imprisonment. Under Sec. 323/34 Penal Code they were sentenced to undergo one months' rigorous imprisonment and to pay fine of Rs. 100.00 each. In default of payment of fine to undergo 15 day's rigorous imprisonment, The substantive sentences were ordered to run concurrently.

(2.) The facts of the case are extensively set out in the impugned judgment of the learned trial Court and they indicate that the incident flared up all of a sudden when Rs. 150.00 were demanded by deceased Gulba @ Gulab Chand from the appellants Vijay Singh, Kallu and Nannu. As per the prosecution case, Rs. 150.00 were outstanding against accused persons as the price of grass, which they had purchased from Bheru Lal on the guarantee of the deceased. From the record it also transpires that the parties had their houses in the same locality at a short distance as shown in the spot map Ex.P/11. It further transpires that the accused and the deceased were having good relations prior to the incident and the accused were treating the deceased as their brother-in-law (Jija). So far as the actual'marpeet' is concerned, the prosecution case is that the appellant Parbat Singh and Vijay Singh inflicted one farsi blow each on the head of the deceased and the appellant Nannu gave a lathi blow on the hand of the deceased. No injury to the deceased was caused by appellant Kallu. For him, the case of the prosecution is that he caused simple injuries to LW. 1 Mangilal.

(3.) Immediately after the incident, P.W. 3 Suit. Kamli widow of Banshi, an eye-witness of the incident, went to Police Cowki of Kalukhedi Police Station Dangipura at 5.00 p.m. on July 29, 1993 and reported the matter detailing out the names of the accused and the name of the deceased. This information was recorded in 'rojnamcha aam' and is Ex.P/8A on the. record. On this information, the police reached in the village at 6.00 a.m. on July 30, 1993 and recorded Parcha Bayan of P.W. 1 Mangi Lal. This Parcha Bayan was sent to the Police Station Dangipura where crime No. 35/1993 was registered at '8.00 a.m. on 31st July, 1993. After registration of the case, investigation in the case was made by SHO Radha Kishan. During investigation, inquest report Ex.P/10 of the deceased Bulga @ Gulab Chand was prepared at 6.30 a.m. on 30th July, 1993 and on the same day at 7.00 a.m. site-plan Ex.P/11 was prepared. The police also seized blood stained clothes of the deceased and blood stained and control soil from the place of incident. The autopsy of the dead body of deceased Gulba @ Gulab Chand was conducted by P.W. 22 Dr. S.D. Pathak and he found the following three injuries :