KISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Kishna along with five co-accused persons faced trial before the learned Additional Sessions Judge, Ajmer, who by his judgment dated 11.8.81 found him guilty U/ss. 302 & 201 Penal Code and sentenced him to life imprisonment and a fine of Rs. 100.00 in default to further undergo R.I. for three months on the first count and to R.I. for two years and a fine of Rs. 100.00 in default to further undergo 3 months R.I. on the second count. However co-accused Badri, Chotu and Ratna, who were charged for the offences U/s. 302/34 and Sec. 201 Penal Code as also co-accused Panchu and Bajrang who faced trial for the offence u/s. 201 Penal Code were acquitted.

(2.) Briefly the relevant facts for the disposal of this appeal are that, in the night of 17.4.1979 PW 7 Sheoram, PW 8 Ramdeo and deceased-Ghasi were returning to their village Rajpura from Kekri. They were on two bicycles. Ramdeo was driving one cycle and on the pillion seat thereof Sheoram was sitting. Ghasi was riding another cycle. He was about 5/6 paces behind them. It was a dark night. When they reached on the Kacha path way near village Duhari, four assailants, who were hiding behind a 'ker' bush and armed with lathis sprang up. It is alleged that appellant Kishna inflicted a lathi blow on the head of Ghasiram, who fell down from the cycle, and that thereupon PWs Sheoram and Ramdeo also alighted from their cycle and came back near Ghasi. It is alleged that those assailants hurled abuses and threatened Sheo Ram and Ramdev, who identified those assailants by their voices. Sheoram and Ramdeo riding on the cycles came to village Duhrai, where they informed PW 4 Ranjit Singh about the said incident. They also requested him and other villagers to accompany them to the place of occurrence, but they did not oblige them. It is further alleged that thereafter Sheoram and Ramdeo again came to the place of occurrence, but they did not find Ghasiram there. However, his blood stained turban was found lying there. Thereupon they again went to Ranjit Singh, who advised them to lodge a report in the Police Station. It is the case of the prosecution that thereafter they went to village-Rajpura and informed PW 28 Madhuram; the brother of Ghasi and other villagers. It is further the case of the prosecution that Sheoram alongwith PW 9 Hinglaj Dan, Madhu Ram and others reached the Police Station Sarwar and lodged an oral report on 18th April, 1979, at 3.30 A.M. PW 27 Ram Singh, SHO, drew the formal FIR and registered a case u/ss. 307, 201 r.w. 34 IPC. Ram Singh rushed to the place of occurrence and in the morning prepared site-plan Ex.P13. He seized and sealed blood stained soil and the control sample of soil and blood stained turban from the place of incident vide seizure memos Ex.P. 14 & 15 respectively from the place of incident.

(3.) It is alleged that on 18.4.79 at about 8.00 a.m. PW 25 Kishan Lal Jat found an injured person lying at a distance of about 35 yards away from the Kekri-Deoli road, who was unconscious though he was gasping. Kishan Lal informed about it to PW 24 Bhoop Singh S.H.O., Police Station, Kekri, who in turn recorded roznamcha report Ex.P 45 in General Diary. He went to the place where the said injured person having injuries on his head was lying unconscious. Blood was oozing out from his head. Bhoop Singh immediately sent him to Government Hospital, Kekri where he breathed his last at about 9.45 a.m. the same day. PW 17 Dr. N.K. Nuwal, Medical Officer, Kekri vide his letter Ex.P 28 intimated about the death of the said injured persons to the S.H.O. Police Station, Kekri. It is alleged that one Ram Dhan identified that the dead body was that of Ghasi Ram.