HAR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant, through the jail, against the judgment and order dated 30-5-1994, passed by the learned Additional Sessions Judge No. 1, Udaipur whereby the appellant has been convicted under Sections 302 and 450, I. P. C. He has been awarded sentence of Life Imprisonment under Section 302, I. P. C. besides a fine of Rs. 1000/- and, in default of payment of fine, six months' R. I. Besides, he has been convicted under Section 450, I. P. C. and sentenced to undergo 5 year's R. I. and to pay fine of Rs. 250/- and, in default, to further undergo 3 months' R. I.

(2.) In brief, the prosecution story, giving rise to the present appeal is as follows : This incident is alleged to have taken place on 31-10-90 at about 10 a.m. at the residence of Val Chand (deceased), situated in the village Karchha. P. W. 3 Daya, P. W. 16 Rama and the appellant are real brothers of Val Chand (deceased). Val Chand was the youngest brother. P. W. 4 Hakar is their mother and P. W. 5 Smt. Dhuli is their married sister. P. W. 6 Smt. Nani is the wife of Val Chand (deceased) while P. W. 7 Kumari Sangeeta is the daughter of the deceased.

(3.) At the time of the occurrence, Val Chand was present in the 'Dhalia' situate in the rear portion of his residence which is shown by mark 'A' in Ex. P. 2 (site plan). P. W.4 Smt. Hakar, P. W. 5 Smt. Dhuli, P. W. 6 Smt. Nani and P. W. 7 Kumari Sangeeta were present in the house. Accused, being armed with an axe, entered the house of Val Chand and challenged Val Chand in a threatening posture that in case he (Val Chand) did not provide him with a house, he would be done to death. The accused without losing any time, immediately inflicted injuries on both legs of Val Chand with the axe. Smt. Nani immediately rushed to intervene but she was pushed away by the accused. Both accused as well as Val Chand started quarreling and grappled with each other. They entered the room of the residence of Val Chand. Smt. Hakar and Smt. Dhuli also unsuccessfully tried to intervene and save Val Chand but without any success. They were also pushed away by the accused. In the mean time, P. W. 3 Daya also turned up. He also failed to restrain and pacify. The accused pulled out Val Chand from his room and brought him to the 'Padsal' marked by 'C' in Ex. P. 2 (site plan). It was there in the Padsal that the accused inflicted an injury on the head of Val Chand from the reverse side of the axe, as a result, Val Chand fell down on the ground and became unconscious. Accused immediately went away from there. P. W. 16, Rama, who was at his field, came to the spot. Both Rama as well as Smt. Nani immediately took Val Chand to Kherwada Primary Health Centre, whereat he was given medical aid by P. W. 8 Dr, Surendra Kumar Sanwar and, looking to the serious condition of the injured Val Chand, he was immediately referred to the General Hospital, Dungarpur. He was medically attended to by Medical Officers at Dungarpur. However, since it was a neuro-surgical case and no special services were available there, the patient was referred for further treatment to the Ahmedabad Hospital. Rama and Smt. Nani, firstly, took Val Chand to Himmatnagar whereat P. W. 19 Dr. Chiman Bhai Sanka Bhai Patel, a private medical practitioner, attended him and since it was a serious case, he further advised to take Val Chand to the Ahmedabad Hospital. It was on 1-11-90 when Val Chand was being taken to Ahmedabad at about in the afternoon of 1-11-90, itself, Val Chand succumbed to his injuries. Therefore, his dead body was brought back to his village on 1-11-90.