SURENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by convict Surendra Kurnar has been directed against the Judgment & Order passed by the learned Addl. Sessions Judge No. 1, Sri Ganganagar camp Sri Karanpur dated 13.1.1989 whereby he was convicted under Sec. 302 Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs. 1,000; in default 6 months R.I.

(2.) The prosecution case is that on 30.5.87 deceased Saheb Ram who was going on the way was called by the accused, dragged to his field. Accused caused multiple injuries to Saheb Ram by a Kassi. Saheb Ram succumbed to the injuries at the spot. The FIR Ex.P 1 was lodged by Jagdish PW 1 (brother of the deceased) within 3 hours of the occurrence. The police registered C.R. No. 29/87 and proceeded to investigate the matter. The accused was arrested on the same day and a Kassi was recovered at his Instance. After the completion of the investigation, the challan was submitted. On a charge having been framed against the accused under Sec. 302 Penal Code he pleaded not guilty and claimed to be tried. The prosecution examined PW 1 Jagdish, PW 2 Dr. Ratan Lal Agrawal, PW 3 Dr. Jitendra Chopra, PW 4 Ramchandra, PW 5 Jeet Singh, PW 6 Mani Ram, PW 7 Mani Ram II, PW 8 Mohanlal, PW 9 Prakash Chandra, PW 10 Nathu Ram, PW 11 Prithvi Singh and PW 12 Triloki Nath, Accused in his statement under . denied having committed any offence. He took specific plead that some two days before the alleged occurrence, Saheb Ram had a quarrel with him but they were separated by the villagers and that on the date of occurrence when he was sitting under a 'Sesam' tree, deceased Saheb Ram went there having lathi in his hand and he inflicted lathi blows on his elbow, arm, back and legs and abused him and he, therefore, picked up the Kassi lying there to defend himself and gave only one blow to Saheb Ram and ran away to the Police Station after throwing the Kassi there. He denied that any Kassi was recovered at his instance. He examined no witness in his defence. The learned Addl. Sessions Judge after hearing the parties, found the accused guilty and sentenced him as above.

(3.) We have heard Mr. Bhagwati Prasad, learned counsel for the appellant and Mrs. Chandralekha, learned counsel for the State respondent and have-perused the record of the case.