BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment of learned Session judge, Sikar, convicting and sentencing the accused appellant as under:U/s 302 I.P.C. - Imprisonment for life and a fine of Rs. 1000/-in default of payment of fine, further R.I. for 3 months. U/s 450 I.P.C. -5 years R.T. and a fine of Rs. 500/- in default of payment of fine, 2 months R. I. Ram Lal (P.W, 1) submitted a written report (Ex. P. 2) at about 9.15 a.m. on 17.3.1984, stating that when after the end of Holi, in the morning at about 4 a.m., people were enjoying by playing Chang and were drinking, there was some altercation between the complainant Ram Lal and Banshi. His brother Jassa Ram (deceased) rushed towards his Guawadi, who was followed by Babulal (appellant), Dhada Ram, Bamhi Ram and Sumer s/c. Sugna Meena. Banshi Ram and Sumer were empty handed, Dhada Ram was having a lathi in his hand, and Babulal was having an axe. Sumer and Dhada Ram scuffled with Jassa Ram. Babulal inflicted an axe blow on the neck of Jassa Ram, as a result of which, he fell down, and the accused ran away. This incident was seen by Badri Meena (P.W. 4), wife of Jassa Ram and several other persons.

(2.) On the aforesaid report, police registered F.I.R. (Ex. P.2). After usual investigation, the police submitted challan against four accused persons viz., Babulal, Dhada Ram, Banshi Ram and Sumer, who committed them to the Court of Sessions Judge. The Sessions Judge, after trial, acquitted coaccused Dhada Ram and Sumer and convicted Banshi under section 352 I.P.C. and sentenced to imprisonment already undergone, which was nearly 3 month. He has not filed appeal against his conviction. Whereas Babulal (appellant) was convicted under sections 302 and 450 I.P.C. and sentenced as aforesaid.

(3.) Prosecution has examined for eye witnesses-P.W. 1 Ramlal, P.W. 4 Badri Meena, P.W. 5 Anchi and P.W.6 Murli. P.W. 6 Murli was declared hostile as he did not support the prosecution case. P.W. 1 Ramlal is the brother of the deceased. P.W. 4 Badri Meena is cousin of the deceased and P. W. 5 Mst. Anchi is the wife of deceased. Prosecution also examined P.W. 3 Dr. P.K. Purohit, who conducted the post mortem of the deceased. Post mortem report has been exhibited and marked as Ex. P. 5. Ramlal P.W. 1 also received some injuries, all simple caused by blunt weapon, and his injury report is Ex. P. 6. Appellant Babulal gave information under section 27 of Evidence Act (vide Ex. P. 13), in pursuance of which the axe was recovered (vide Ex. P. 9), which was sent to the Forensic Science Laboratory. Report received from the Forensic Science Laboratory is Ex. P. 21 mentioning therein that human blood was found, both on the lathi and the axe, and the blood group also matched with that of the deceased.