DURGALAL AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13/17th January, 1977 of the learned Addl. Sessions Judge, Baran whereby he convicted and sentenced the accused-appellants Durgalal, Gomda and Pratap as under:- <FRM>JUDGEMENT_20_LAWS(RAJ)11_1977.html</FRM>

(2.) Tersely speaking shorn of unnecessary details the prosecution case, as disclosed at the trial is that on the fateful day viz. 2.11.1975 Kalu (since deceased) took his bullocks to graze in his field. It is alleged that he cut the Jwar crop from the field of the accused and spread it before his bullocks. Nearly at about 6 a.m. the accused persons arrived at the scene of occurrence and seeing the bullocks feasting on their crop were enraged and all the three accused Durgalal, Gomda and Pratap belaboured Kalu (since deceased). Appellants Gomda and Pratap inflicted Gandasi and axe blows on the head of Kalu whereas Durgalal inflicted two blows with parania on the scapular region of Kalu. At a result of the injuries Kalu met instantaneous death. The first information report Ex. P/1 of the occurrence was lodged at the police station Chhipa Board on the same day at 10. a.m. The distance between the police station and the place of occurrence is 7 miles. Autopsy on the dead-body of Kalu deceased was performed by PW. 4 Dr. Prem Kumar. The post mortem report is Ex. P/3. At the time of post mortem following external injuries were found on the dead body of Kalu deceased:-

(3.) The medical witness further opined that the head injuries and back injuries were not sufficient in the ordinary course of nature to cause death but the spleen injury was. however, sufficient in the ordinary course of nature to cause death. The police after usual investigation submitted a challan against ail the three accused in the court of Munsif and Judicial Magistrate. The accused-appellants were ultimately tried by the learned Addl. Sessions Judge, Baran, for committing the murder of Kalu. All the accused-pleaded not guilty to the charge. The prosecution examined 10 witnesses in support of their case. The accused persons denied their complicity in the crime but did not examine any witness in support of their case. The learned Addl. Sessions Judge placing reliance on the statements of PW.l Saligram, PW.6 Ramnarain corroborated by the statement of PW. 4 Dr. Prem Kumar post mortem report Ex. P/3 and the first information report Ex. P/1 and the probabilities of the case convicted and sentenced the accused-appellants as mentioned above. However, all the accused were acquitted of the charge punishable under Section 302 I.P.C.