CHELA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE the both the appeals are directed against one and same judgment of the learned Sessions Judge, Jalore dated 11 -1 -82, they were heard together and are disposed of by a common judgment. By the impugned judgment, (1) accused Chela was convicted under Section 302, IPC and sentenced to life imprisonment with a fine of Rs. 200/ -, (2) accused Gena was convicted under Section 326, IPC and sentenced to three years' rigorous imprisonment with a fine of Rs. 200/ -; and (3) accused Mala and Gulaba were convicted under Section 323, IPC, but instead of being at once sentenced to any punishment, were released on probation of good conduct. Accused Gena, Mala and Gulaba were acquitted of the offence under Section 302/34, IPC. Accused Chela and Gena have come -up in appeal and challenged their conviction. Aggrieved against the judgment of the acquittal of Gena, Mala and Gulaba from the offence. Under Section 302/34, IPC. The State has, also, come -up in appeal.

(2.) THE prosecution case is short and simple and may briefly be summarised as under: PW 2 Smt. Raji and PW 3 Sultana are parents of the deceased -victim Karmi. aged about 22 years at the time of his murder. Accused Gena, Gulaba and Mala are sons of accused Chela. The parties are residents of village Karola -ka -Golipa, Police Station, Sanchore, District Jalore. The relations between PW 3 Sultana and the accused persons were not happy. It resulted in some criminal cases between them. After sun -rise on 11th July, 1981, PW 2 Smt. Raji, PW 3 Sultana and the accused Karmi were going in a bullock -cart from their Dhani to their field to sow the crop. Sultana and the deceased were sitting in the cart while Smt. Raji was corning behind on foot. When they reached near the field of Jhoga Kalbi, accused Chela, Gena, Gulaba and Mala came there together. Accused Chela bad a Dhariya, Gena had an axe while Mala and Galaba had lathis. They pulled -down Karmi from the bullock -cart. Accused Geniya struck a blow with his axe, which hit on the right index finger of Karmi. Accused Cheliya struck a blow of his Dhariya on the right side of Karmi's head. Karmi fell down. Thereafter all the four accused started jointly beating him. Sultana raised cries. Hearing his cries, PW 1 Dargaram and PW 4 Joga rushed to the spot. They intervened and rescued Karmi The accused thereafter retreated and vent away. Darga Ram, Joga and Mst. Raji took Karmi in a tractor to Government Hospital, Sanchore. Karmi was admitted there for treatment. PW 7 Dr. ML Jain gave him treatment and addressed letter Ex. P 6 to the police. PW 12 ASI Ranchchod Singh, on receiving letter Ex. P 6, went to the hospital. Karmi was lying unconscious there. PW 4 Joga presented typed report Ex. D 2 to the Investigating Officer (here in the hospital. The police registered a case under Sections 307 and 326, IPC. The investigation was taken -up. Despite treatment, Karmi did not survive and breathed his last at about 12.00 p m. on July 11, 1981 The police added Section 302, IPC during investigation. PW 12 Ranchor Singh prepared the inquest report of the victim's dead body. He also inspected the site and prepared the site -plan. The blood stained clothes of the deceased were seized and sealed. The post -mortem examination on Karmi's dead body was conducted at about 2.00 p.m. on July 11, 1981 by Dr. Jain PW 7. The doctor noticed the following ante -mortem injuries over the dead body: External

(3.) WE have heard Mr. Mridul Jain for the accused persons and the learned Public Prosecutor Mr. R.K. Soni. We have also gone through the case file carefully.