JEET RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgement of the learned Additional Sessions Judge (1), Hanumangarh dated Feb. 12, 1982 convicting the appellant Jeetaram under Section 302, IPC and sentencing him to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's rigorous imprisonment.

(2.) BRIEFLY stated, the prosecution case is that PW 3 Devi Lal is the son of PW 2 Loona Ram Kumbhkar. The accused was their share -cropper while the deceased Brij Lal was engaged by them as a labourer to work in their fields situate in Rohi Sahjipura P.S. Hanumangarh district Sri Ganga Nagar. On July 19, 1981, PW 3 Devi Lal, the accused Jeetram and the deceased Brij Lal worked in the said fields. At about 5.00 p.m., Devilal (PW 3) went to his house in village Sahjipura to bring food for the accused and the deceased leaving both of them working in the fields. At about 9.00 or 9.30 p.m., Devilal went back to the fields to provide food to the deceased and the accused, but found none of them there. He slept there in the field in that night. When he woke -up at about 5.00 or 5.30 a.m. on the next day, he started the water -pump of his tube -well to provide water to the standing crops in the fields He there after went in the fields and found the dead body of Brij Lal at a place where the water channels cross each other. The dead body was lying in the water with big multiple wounds. A blood -stained Kassi was also found lying nearby. He went to inform his father Loona Ram whom he found at the bus stand. He narrated the incident to him. His father directed him to go back to the fields where the dead body was lying and to keep a watch there. Loona Ram went to the Police Station, Hanumangarh and verbally lodged report Ex.P 2 of the occurrence. He expressed his suspicion on the accused that it was he who killed Brij Lal. The police registered a case and proceeded with the investigation. The Station House Officer Bhagwan Das (PW 8) arrived on the spot, inspected the site, prepared the site plan, site inspection note and the inquest of the victim's dead body. He found some feet marks near the dead body. He lifted them by preparing their moulds with the plaster of Paris. He seized and sealed the blood -stained Kassi, which was found lying near the dead body. The post mortem examination of the victim's dead body was conducted at about 4.00 p.m. on July 20, 1981 by PW 1 Dr. Saharan. The doctor 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 throught the case file.