GANESH LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the judgment dated October 13, 1978 the Sessions Judge, Pratapgarh has convicted and sentenced the appellants as under: (1)Ganesh Lal Under Section 304,Part -I 7 years RI a fine Rs. 200/ -, in(2)Mohan Lal IPC default of payment of fine onemonth's further RI;Under Section 325/34, IPC three years' RI and a fine ofRs. 200/ -in default of paymentof fine to one month's furtherRI.Under Section 325/34,IPC three years' RI and fine of200/ - in default of payment offine to one month's further RI.(3)Bhawan Lal Under Section 304,Part -I 7 years RI and a fine of Rs.IPC 200/ -, in default of payment offine one month's further RI;Under Section 325/34, IPC Three years' RI and a fine ofRs. 200/ -, in default ofpayment of fine to one month'sfurther RI; All the sentences have been directed to run concurrently.

(2.) THE prosecution case in brief was that there was a dispute between the accused and deceased Motilal relating to the marriage of Laxmi, daughter of Motilal. The accused Mohanlal had burnt the wheat crop of Motilal. On account of this, litigation was going on between the parties. On the night intervening April 18 and 19, 1977 it is alleged that accused came to the house of the deceased. Mohanlal was armed with an axe and the other accused, namely, Ganeshlal and Bhagwanlal were armed with Lathis. Onkarmal and Sawailal were also sleeping in the same house. It is alleged that all the accused caused injuries to Motilal, Onkarmal and Sawailal as a result of which Motilal died on April 19, 1977. On hearing the alarm raised by the injured Laxmi and Shankerlal also reached there and the accused then left the place. The First Information Report of the occurrence was lodged by Shankerlal at Police Station, Dungla on April 19, 1977 at 7.00 a.m. A case under Section 302 and 307 IPC was registered against the accused and investigation started. The investigating officer reached the place of incident, prepared the site inspection memo, seized the blood stained earth and conducted inquest of the deceased Motilal. The post -mortem examination of the deceased was conducted by Dr. Damodar Pareek on April 19, 1977 at 3.00 p.m.There were 14 injuries on the body of the deceased, all by blunt weapon. According to the doctor the cause of death was haemorrhage and shock. He also examined the injuries of Onkarmal and Sawailal. They too received received blunt weapon injuries. Both of them had sustained fractures. The Investigating Officer also recovered lathis on the information and at the instance of the accused, but they were not found to be blood stained. After investigation the police submitted a charge -shees against the accused in the court of Munsif and Judicial Magistrate, Dungla. The learned Magistrate committed the accused to the court of Sessions to stand trial for the offences under Section 302/307/34, IPC.

(3.) AFTER trial the Sessions Judge convicted and sentenced the accused as aforesaid. It was held that Motilal deceased and Onkarmal and Sawailal sustained injuries on the night of incident and Motilal had died as a result of those injuries. Onkarmal and Sawailal had sustained two grevious injuries each. The learned Sessions Judge further held that all the accused were armed with lathis and the fact that. Mohanlal was armed with an axe was falsely introduced by the witnesses. The learned Sessions Judge believed the evidence of the four eye witnesses and by relying on their testimony held that accused were responsible for causing injuries to Motilal. Onkarmal and Sawailal and that Motilal died on account of the injuries inflicted by the accused. The learned Sessions Judge however held that it was not established by the prosecution that the accused caused the injuries with the intention to kill the deceased. The accused were not having any sharp edged weapon. The deceased died on account of the haemorrhage and shock. The accused were accordingly acquitted for the offences under Sections 302, 302/34, 307 and 307/34 IPC but were convicted for the offence under Section 304, Part -I, 325 and 325/34 IPC as aforesaid. Aggrieved by the order of conviction and sentenced passed by the learned Sessions Judge the accused have preferred the present appeal in this court.