KAMLA Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been preferred by the appellant against his conviction for offence under Section 302 IPC by the Court of learned Additional Sessions Judge (Fast Track), Udaipur in Sessions case no.23/2003 vide judgment dated 28.7.2003 and order of sentence by which the appellant has been sentenced to undergo life imprisonment and a fine of Rs.1,000/- has been imposed and in default of payment of fine, to further undergo three months rigorous imprisonment.

(3.) As per the prosecution case, PW13 Ram Singh, S.H.O. of the Police Station, Dhariawad received a telephonic information at 11:15 PM on 6.10.2002 from unknown person that day before yesterday, (Mr.) Kamla has inflicted injury by sharp edged weapon upon his brother Hira Lal, upon which Hira Lal died yesterday. Today his body will be burnt (cremated). On receipt of this information, parcha kayami report Ex.P/3 was drawn and S.H.O. Ram Singh along with police staff Joravar Singh, Raghunath Singh and Mohan Singh started for the place of incident by Government jeep. In the village of deceased Hira Lal, they found deceased Hira Lal's father - Champa Lal along with other villagers. There PW1 complainant Champa Lal submitted oral report on the basis of which FIR Ex.P/51 was drawn and a case under Sections 302 and 201 IPC was registered. As per the oral report of the complainant, Champa Lal, he had five sons namely, Hira Lal, Banshi Lal, Laxman, Shanker and Kamla out of whom, Banshi Lal and Kamla lived together whereas other three sons were living separately. Champa Lal stated that he was living with his son Laxman. Shanker was teacher and posted in different village. Banshi Lal and Laxman were at Udaipur. Only Hira Lal and Kamla were in the village. Hira Lal's wife Amba left Hira Lal two months ago and went to her parent's house along with her children. Champa Lal stated that day before yesterday at about 3:00 PM, he was sitting on the cot outside Laxman's house, at that time, Hira Lal also came there and accused appellant Kamla was present in the house. Hira Lal from the Aangan of Laxman's house told Kamla that this year there is famine and you have not given me a single agriculture field, therefore, I will also cultivate one agriculture field. Upon this, accused Kamla told Hira Lal that in case, he will try to do so, then the appellant will broke down his hands and legs. In this altercation, appellant Kamla took a knife from his house and went towards victim Hira Lal and inflicted 2-3 blows of knife in the stomach of deceased Hira Lal. Hira Lal holding his stomach sat down on the ground. The complainant Champa Lal shouted why (accused) is inflicting injuries. The complainant asked the accused appellant to leave Hira Lal upon which the appellant left the place. The complainant thereafter took some leaves of plant Arandi and put those leaves on the wounds of Hira Lal and gave help to Hira Lal to go to his house. He was put on the cot from where the victim was shouting. In the evening, the complainant went to Sarpanch of the village Lalji and told him about the incident. Sarpanch helped the complainant to take the victim Hira Lal to Dhariawad Hospital. There victim was given injection and looking to the injuries, the doctor advised to take the victim at Udaipur. Since the complainant had no sufficient money, therefore, he came back to the house and after arranging money, on the next day, took the jeep on hire and started for Udaipur with victim along with one Chagan and another Khemraj @ Khemji. On the way to Udaipur at Aarampura Ghata, the victim died upon which they came back. Thereafter, Khemji and Santosh etc. were sent to the village of Hira Lal's wife who brought her to the house. The complainant mentioned in the report that they were thinking to inform the police but before they could inform the police, the police reached on the spot and Champa Lal submitted this oral report to police on the spot.