ACHLA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his judgment dated 8.12.1993 in sessions case No. 15/90, the learned Special Judge (SC/ST), Udaipur has convicted and sentenced the appellants as hereunder : <FRM>JUDGEMENT_69_LAWS(RAJ)4_19971.html</FRM> Substantive sentences were ordered to run concurrently. The accused-appellants have come up in appeal to challenge the above conviction and sentence.

(2.) Briefly stated the prosecution case is that Lachhma (PW 9), Nopa (PW 1) and Moti (PW 5) went in search of work to Bhanwaria Dam on 3.1.1987 in the morning. They did not get any work. In the afternoon they were returning to the village. When they passed in-front of the house of Maria, they saw Ladura, Bita, Panna and Rupa sitting there. Bita called them to enjoy bidi. These three persons went to the house of Mana where Ladura and others were sitting. The accused Singna, Achla and Pema also came there each armed with an axe. Singa immediately after arriving there dealt an axe blow on the neck of Rupa with violent force. After sustaining the above injury Rupa fell down and died instantaneously. Moti rushed to help Rupa but his attempt was frustrated by Achla who administered an axe blow on his head and he fell down. Pema dealt an axe blow on his abdomen from its blunt side. After administering the above beating, all the three accused fled away. Sankla, Bhura and Padma brought Moti to Sirohi for treatment in the Govt. Hospital, Sirohi. The FIR of this occurrence was lodged by Lachhma at Police Station, Becaria on the same day at 7.30 p.m. The police registered a case under sections 302 & 307/34 Penal Code and investigation commenced. Sohanlal (PW 17), Incharge, Police Station, Becaria, reached the place of occurrence and prepared the inquest report Ex. P/2. He sent the body of Rupa for postmortem to Dr. Surendra Singh Jhala (PW 7) who conducted the postmortem on 4.1.1987. Dr. Jhala found an incised wound 4" x 13/4" x 21/2" on the right side of neck obliquely pressed on the upper part and back. The wound extended down towards up to the middle and back of neck. He also found clotted blood on the wound. On dissection, it was found that muscles of neck had been cut and the fourth cervical vertebra was completely severed. Cervical chord was also cut. The wound was ante-mortem in nature and caused by heavy cutting weapon. The postmortem is Ex. P/12.

(3.) The injury of Moti injured was examined by Dr. C. Ram (PW 15). According to injury report Ex. P/20, Moti was found to have sustained an incised wound 10 cm. x 2 cm. bone deep on the superior aspect of the skull. The injury was caused by a sharp edged weapon and according to X-ray report Ex. P/19 there was evidence of fracture of left parietal bone. The Investigating Officer also seized the blood stained and controlled soil from the place of occurrence. The blood stained clothes were also seized. The accused were arrested. It is also alleged that in pursuance of the information furnished under section 27 of the Evidence Act by each accused, an axe was recovered from each of the accused. The same were seized and sealed and sent for chemical examination to the Forensic Science Laboratory, Jaipur by the Distt. Police Superintendent vide letter Ex. P/20. It appears that the report has not been received from the Forensic Science Laboratory so far.