KESAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated November 23, 1994 passed by Shri B.D. Gupta, Special Judge (Communal Riots Cases)-cum-Additional Sessions Judge, Tonk in Sessions Case No. 36/93 whereby the appellant-Kesar Lal has been convicted under Section 302 IPC and sentenced to suffer imprisonment for life and to pay of fine of Rs. 100/-. In default of payment of fine, to undergo simple imprisonment for one month. The appellant Atma Ram has been convicted under Section 324 read with Section 511 IPC and sentenced to the period of imprisonment already undergone by him.

(2.) THE case relates to an incident which took place towards North-West of village Gawri at about 6.30 p.m. on May 20, 1993. One Mukut Singh Rajput died as a result of the assault made on him by the appellant Kesar Lal with an axe. The case of the prosecution is that the appellant Kesar Lal was having his agricultural field near the pasture land of the village and on the day of incident he made encroachment on the public way as well as on the pasture land by extending fence (bar) of his field. The public way was leading to the fields of other villagers including that of the deceased Mukut Singh. On the day of incident, at about 5 p.m., PW.3 Amra Bairwa informed the deceased Mukut Singh about the fact of making encroachment on public way by the appellant Kesar Lal and thereupon, deceased Mukut Singh, his son PW.7 Abhimanyu Singh and PW3 Amra came to the scene of occurrence, in a Jeep where they found the appellants and co-accused Dev Lal sitting near their respective fields. PW.4 Mohan Lal Bairwa, PW.5 Mohan Nayak and PW.6 Jagdish Khati also came there while passing through the way. After reaching near the place of occurrence deceased Mukut Singh asked the accused persons from a short distance in a loud voice as to why they were making encroachment on the public way. It is alleged that all the three accused persons, namely, the appellants and co- accused Dev Lal thereupon came near to Mukut Singh and at that time the appellants Kesar lal and Atma Ram were having axe in their hands. Kesar Lal and Dev Lal, then came near to the deceased and told him that they would close the public way as it was covered by the land of their fields. Other persons who were present on the spot also tried to dissuade the accused from making encroachment on the public way, but it had no effect. The deceased also told the accused that it was not a good thing. Thereupon, the appellant Kesar Lal inflicted two blows with the axe on his neck. His son Abhimanyu Singh when came forward to save him; an attempt was made by the appellant to strike him by axe but the same was caught by the witnesses Amra and Jagdish Khati before it could land on him. From the injuries of the deceased, blood fell on the earth and clothes of the appellant-Kesar Lal and Dev Lal co-accused. Mukut Singh was immediately shifted to the Government Hospital, Deoli in a Jeep where he died soon thereafter. PW.1 Raghubir Singh informed the police at Police Station, Deoli at 7.15 p.m. on telephone about his death with a request to reach the Hospital where dead body was lying. This information was reduced in writing in "Rojnamcha" maintained at the Police Station, which is marked as Ex.P.23 on the record. On getting information, the SHO Anand Singh, along with ASI Kamal Kishore and other police persons immediately reached the hospital where a written report Ex.P.5 was made by Abhaimanyu Singh. The report was received at 7.30 p.m. and it was sent to the Police Station through ASI Kamal Kishore, where Crime No. 100/93 was registered under Sections 302, 307/34 IPC. After registration of the case, investigation commenced.

(3.) SITE plan of the place of incident was prepared on 21.5.93 in presence of the witnesses Amra Bairwa, Abhimanyu Singh and Lala Ram. Blood-smeared and control soil was taken from the place of occurrence vide seizure memo Ex.P.4. The appellants Kesar Lal and Dev Lal were arrested on 21.5.93 vide arrest memos Ex.P.11 and Ex.P.12. One 'kurta' and 'Dhoti' of Kesar Lal, stained with blood, were seized on 21.5.93 vide seizure memo Ex.P.14. Thereafter, on his information the weapon of offence i.e. an axe was recovered vide recovery/seizure memo Ex.P.6. Clothes of the co-accused Dev Lal were also seized during investigation. The axe, clothes of the deceased and of the accused Kesar Lal and Dev Lal were sent to State Forensic Science Laboratory, Jaipur for examination and vide report Ex.P.26 the articles were found stained with human blood having 'B' group blood.