BARISHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Barishal Singh has come up in appeal to challenge his conviction He was convicted under Section 302, IPC and sentenced to imprisonment for life along with a fine of Rs. 300/ -, in default of the payment of fine to further undergo six months rigorous imprisonment by the learned Sessions Judge, Balotra, vide his judgment dated October 31, 1981.

(2.) THE prosecution case, which is short and simple, may briefly be stated as under. PW 4 Kishore singh is the real brother of the deceased -victim Phoosa. The appellant is the son of their another brother Chainsukh. The three brothers have a field in Mauja Aklpura P.S. Gudda Malani district Barmer. They were cultivating it in separate portions though it was recorded as joint in their names in the revenue records, Phoosa wanted to sell his portion to one Bhanwara. This was resented to by the appellant. The said negotiation annoyed and irked him. At about 11.30 a m on April 10, 1981, Phoosa was going to his Dhani with a pot of water on his head. His Dhani is situate in his portion of the joint field. The accused went behind him with a lathi and knife. He struck a blow with his lathi on the feet of Phoosa, Phoosa fell down. Thereafter the accused struck blows on the back of his head with the lathi. He also inflicted injuries with his knife to Phoosa. Phoosa did not survive and passed away instantaneously on the spot. Before inflicting the blows to the victim, the accused shouted as to why he (Phoosa) was selling his share in the field and that he would kill him, PW 3 Dansingh who happened to pass that side, on seeing the incident raised the cries. Hearing his cries Kishoresingh (PW 4) also rushed to the spot. The accused left the place and took to heels. PW 3 Dansingh immediately went to Police Station, Gudda Malani and verbally lodged report Ex. P 2 of the occurrence at about 2.30 p m. on the same day. The police registered the case and proceeded with investigation. The Station House Officer Laxmansingh arrived on the spot, inspected the site and prepared the site plan. He also prepared the inquest report of the victim's dead body. The autopsy on the victim's dead body was conducted on April 11, 1981 by PW 8 Dr. Patel the then Medical Officer Incharge Government Dispensary, Gudda, Malani. He noticed the following ante mortem injuries on the victim's dead body:

(3.) WE have heard the learned amicus curiae and the learned Public Prosecutor. We have also gone through the case file carefully.