STATE OF RAJASTHAN Vs. MANGIA

JUDGEMENT

(1.) This State appeal is directed against the judgment dated April 26, 1971 of the learned Additional Sessions Judge, Bundi, whereby he acquitted accused Mangia of the offence punishable under Sec. 302 read with Sec. 323 I.P.C. and also acquitted the two other accused Laxmi Narain and Ram Narain under Sec. 323 I.P.C.

(2.) Tersely speaking shorn of unnecessary details the prosecution story as disclosed in the first information report is that in the Bada Kua situated in village Rajiawata deceased Chhitar, Bajranglal and Dhanna had their shares and they used to take water by rotation. It is alleged that on the fateful day on January 10, 1970 it was the turn of Chhitar (since deceased) to take water from the well After sun rise Chhitar in the company of his two sons PW 2 Gopal, PW 1 Jagannath and his wife PW 9 Mst. Kesar went to his field. At the relevant time accused Mangia was drawing water from the well. Chhitar objected to it and asked Mangia to desist from drawing water. As it was his turn to draw water & irrigate his fields, he requested, Mangia to allow the latter to draw water from the well. Mangia refused to oblige Chhitar; on the contrary Mangia inflicted a blow with a 'Nijuna' (small stick) on the head of Chhitar. The two accused Laxmi Narain & Ram Narain caught hold of PW2 Gopal & PW 1 Jagnnath and Mangia inflicted blows on their person. A first information report of this occurrence Ex. P/1 was lodged at the Police Station, Nenwa by Jagnnath PW1 on the same day at 10.30 a.m. The distance between the Police Station and the place of occurrence is two miles.

(3.) After recording the first information report Ex. P/1 Chhitar was taken to the hospital at Nenwa. It is alleged that by the time Chhitar (since deceased) was taken to the hospital, he succumbed to his injuries The autopsy on the dead body of Chhitar was performed by Dr. Jai Gopal Arora PW 6 on January 10, 1970. He found the following external injuries on the dead body: - -