PRABHAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal impugns the judgment dated August 27, 2003 of the learned Additional Sessions Judge Sambhar Lake District Jaipur whereby Prabhat, Kalu and Ram Narayan @ Goru, appellants herein, were convicted and sentenced under section 302/34 IPC to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for two months.

(2.) AS per prosecution story the dispute regarding agricultural land between the informant Ramdev and his cousins did not came to an end even after intervention of village Panchas. On July 20, 1998 around 4 PM Rishpal son of informant was belaboured by Prabhat, Kalu, Ram Narayan, Phool Chand and their wives and daughters. Prabhat gave a blow with axe on the head of Rishpal. Informant's wife and another son Jagdish was also beaten up. Rishpal was removed to the hospital. Written report of incident (Ex. P-4) was handed over to SHO Police Station Renwal. On that report case under sections 447, 147 and 323 IPC was registered and investigation commenced. During the course of investigation Rishpal succumbed to his injuries and section 302 IPC was added. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed against the appellants only. In due course the case came up for trial before the learned Additional Sessions Judge Sambhar Lake District Jaipur. Charges under sections 447, 302 alternatively 302/34, 323, 325 alternatively 325/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 23 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence and stated that the complainant party gave beating to them. One witness Keshav Bihari Jhalani (Dw. 1) in support of defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) FACT situation emerges from the material on record may be summarized thus:- (i) Members of complainant party and accused party were near relatives. (ii) The agricultural land where the incident occurred, jointly owned and possessed by both the parties. (iii) Accused Prabhat gave a blow from blunt side of axe on the head of Rishpal that proved fatal. (iv) There was no allegation against accused Ram Narayan and Kalu in the FIR for having inflicted blows with lathi on the person of Rishpal. (v) Cross cases were registered between the parties. (vi) Members of accused party sustained lacerated wounds on the head and injuries sustained by the accused party were not explained by the prosecution witnesses. (vii) Incident occurred all of sudden and both the parties fought freely.