BHEEMA AND ORS. Vs. THE STATE

JUDGEMENT

(1.) The appellants have filed these two appeals one through Jail and the other represented against the judgment of the learned Additional Sessions Judge, Jalore dated 31-5-1976, whereby he has convicted all the three accused appellants under Sec. 302 read with Sec. 34 Penal Code and sentenced them to life imprisonment and a fine of Rs. 1000.00 and in default of payment of fine to further undergo rigorous imprisonment for 6 months.

(2.) The facts giving rise to this case are that a first information report was filed on 6-9-1975 at 6 p.m. at police station, Umedpur. This was a written report by one Kesa son of Chatra by caste Kalbi resident of Godan to the Superintendent of police, Jalore who forwarded the same to the Deputy Superintendent of Police Jalore, Shri Jalamsingh who in turn after due interrogation of Kesa forwarded the report to Police Station Umedpur for registration of a case under Sec. 302 IPC. It was disclosed in the report that on previous night i.e. night intervening 5th and 6th of Sept. 1975 he, his father, mother and sister were sleeping in their hut situated at their well. At about midnight some voices were heard calling him out. Thereafter, he went out of the hut after opening the door and saw that accused Chhatarsingh, Mansingh and Bheema were standing their armed with lathis. On seeing Kesa accused told him that since he had put them to a loss of Rs. 10 to 15 thousands by launching false report against them now they will not spare him. Thereafter, they went to assault him but he could manage to escape from that place. He kept himself hidden for whole night. Thereafter he came back to his well and he was told by his mother and sister who were weeping that since he has left that place, accused Chhatarsingh, Man Singh and Bheema dragged his father Chatra threw him into the well. Thereupon he went to the well and saw that body of his father was floating on the water. He went to village Godan and thereafter reached Jalore to the Superintendent of Police and submitted this written report. He further disclosed in the first information report that accused persons abducted his sister Gavari prior to this incident and they were after his life. Since he had no faith in the police at Umedpur so he submitted this written report to the Superintendent of Police personally. This report was registered and the Deputy Superintendent of Police proceeded to the place of occurrence for holding the investigation. The dead body of Chatra was recovered from the well and the dead body was sent for postmortem. The site was inspected, site plan and site inspection notes were prepared. After the investigation the police came to the conclusion that no case is made out against the accused and the report submitted by Kesa was false. The police submitted a final report under Sec. 169 Crimial P.C. Before submitting the final report to the Magistrate the complainant Kesa was also informed about the result of the investigation made by the police. Meanwhile, Kesa also filed a complaint against the accused persons in the court of Munsif & Judicial Magistrate, Jalore. The learned Magistrate examined the complainant under Sec. 200 Crimial P.C. and P.W. 3 Padma, P.W. 4 Mst. Tipu and Dr. Hanumandutt were also examined under Sec. 202 Crimial P.C. After the enquiry, the learned Magistrate took cognisance against the accused persons under Sec. 302 I.P.C. and did not accept the final report submitted by the Police. The accused persons were summoned through non-bailable warrants and the learned Magistrate ultimately committed the accused persons to the court of Sessions for trial under Sec. 302 l.P.C. read with Sec. 34 I.P.C.

(3.) In support of the prosecution case 4 witnesses were examined, namely, P.W. 1 Kesa, P.W. 2 Dr. Hanuman Dutt, P.W. 3 Padma and P.W. 4 Mst. Tipu. The plea of the accused was also recorded. The plea of accused Chhatarsingh was that this false case has been filed by Kesa at the instance of Magsingh and Anandsingh who also tried to implicate them in the abduction of Gavari. It is further stated that Anandsingh and Magsingh want to usurp the land therefore they have instructed Kesa to launch this prosecution. Accused Bheema who is said to have abducted Gavari sister of the complainant Kesa, pleaded that Kesa lodged a case against him in respect of this abduction which was found to be false as Gavari deposed that she is willing to live with Bheema, therefore, the prosecution was launched against the complainant under Sec. 182 I. P. C. which is still pending in the court. This case has been launched out of that animosity at the instance Magsingh and Anandsingh. In the defence the accused persons examined Shri Jalamsingh, Deputy Superintendent of Police D.W. 1 and Gavari D.W. 2. After close of the trial, the learned Additional Sessions Judge found the accused persons guilty of causing the death of deceased Chatra by throwing him into the well and convicted and sentenced them as aforesaid. Aggrieved against this the accused appellants have preferred this appeal.