JEEV DAN Vs. STATE

JUDGEMENT

(1.) Appellant Jeev Dan was tried along with two of his brothers Pubudan and Hukam Dan on a charge under Section 302 and 302/34 of the Indian Penal Code. The appellant has been convicted on a charge under Section 302, IPC and has been sentenced to undergo life imprisonment with Rs. 100/- as fine and this is an appeal by the accused appellant against his conviction and sentences, through Jail. The other two co-accused were acquitted by the learned trial Judge.

(2.) The prosecution case is that about a year prior to the date of the incident appellant-Jeev Dan had a quarrel with Gaje Dan son of deceased Hari Dan. On April 29, 1989 at about 5.00 P.M. deceased Hari Dan was lying on a cot outside of his house. Jeev Dan came with an axe in his hand along with Hukam Dan and Pabu Dan. Jeev Dan gave an axe blow on the jaw of deceased Hari Dan and also gave successive blows. Inder Dan (P.W. 1), brother of deceased Hari Dan and Bhabhoot Mal (P.W. 8), ran away to the rescue of Hari Dan. One Derama (P.W. 2) also saw this assault from his house. Hari Dan was given medical aid but ultimately he died at 6.00 P.M. on May 2, 1989.

(3.) The prosecution examined Inder Dan (P.W. 1), Derama (P.W. 2) and Bhabhoot Mal (P.W. 8) as eye witnesses. All these witnesses have supported the prosecution and nothing of any consequence which may he helpful to the appellant was brought out in their statements. There is a dying declaration (Ex.P/9), recorded by Dr. Madha Ram (P.W. 6). In Ex. P/9, deceased Hari Dan has stated that Jeev Dan had assaulted him with an axe in the afternoon. It has been proved by the Doctor who recorded it in the language of the deceased. There is no reason to doubt the authenticity of the statement. There is also a confession made before the Judicial Magistrate by the accused - appellant i.e. Ex. P/12. Though the appellant had stated before the Judicial Magistrate that he was beaten by the Police Munshi but he also said that this was not for procuring the confessional statement. The learned trial Judge had relied on the confessional statement holding that the very fact that complaint against beating by the Police Munshi was made by the appellant before the Judicial Magistrate showed that there was no undue influence the appellant and the influence of Police on him had come to an end at the time, he made this statement.