CHAUTH MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RADHA Kishan, an old vegetable vendor, while he was selling Tomatos and onions, was assaulted with Dharia and lathi on March 23, 2002 as a result of which he sustained injuries on the head and left leg. He was admitted to Hospital where he died on April 7, 2002 i. e. after fourteen days of incident. Chhitar Lal, Kana Ram @ Kanha and Chauth Mal, appellants herein, were put to trial for having committed murder of RADHA Kishan, before the learned Additional Sessions Judge (Fast Track) No. 1 Kota, who vide judgment dated September 4, 2002 convicted and sentenced each of the three appellants under Section 302 IPC to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer simple imprisonment for six months.

(2.) IT is the prosecution case that on March 26, 2002 at 10. 20 AM SHO Police Station Khatoli recorded parcha bayan (Ex. P-17) of Radha Kishan at Primary Health Centre Khatoli wherein he stated that on the preceding Saturday around 4 PM while he was sitting on a chabutri (platform) in front of the house of Bheru Lal, in Bairwa Basti and selling Tomatos and Onions, Chhitar Lal, Kana and Chauth Mal came armed with Dharia and Lathis. Chhitar Lal gave blows with Dharia on his head and right leg. Kana gave lathi-blow on his left ear and Chauth Mal also gave blows with lathi. Hearing hue and cry Raghunath Kumar and Mohan Rao rushed to the and intervened. Radha Kishan further stated that he was beaten up because of the dispute in regard to partition of land. Since he was all alone he could not lodge the report in time. IT was his son Siya Ram who took him to hospital for treatment. On that report a case under Sections 307, 323 and 34 IPC was registered and investigation commenced. During the course of investigation injured Radha Kishan succumbed to his injuries and Section 302 IPC was added. Statements of witnesses got recorded, necessary memos were drawn, accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Kota. Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. The learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) ON a careful analysis of the evidence adduced at the trial it appears that in a sudden fight without any premeditation and in the heat of passion the appellant Chhitar Lal inflicted Dharia blow on the left parietal region of the deceased. From the nature of injuries sustained by deceased on the back side of left ear, pinna of the left ear and left parietal region, this possibility cannot be ruled out that all the three injuries could be caused by one Dharia blow. Injuries on the left leg were also attributed to Chhitar Lal. From the nature of injuries inflicted appellant Chhitar Lal should be presumed to know that his act of inflicting injuries would likely to cause death of Radha Kishan.