DHANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Appellants Dhania, Kania and Kojia have been convicted under sec. 302 read with sec. 34, Indian Penal Code, and sentenced to imprisonment for life by the learned Additional Sessions Judge, Jalore by his judgment dated 19 11-1965.

(2.) DHANIA and Kania are brothers and Kojia is their cousin. All the three of them used to reside at the house of one Mangla in village Karada. DHANIA was married to Mangla's daughter and his brother Kana was engaged with another daughter of Mangla. The third accused Kojia is also said to be related to Mangla. Another daughter of Mangla named Anchi (P. W. 2) was married to one Chimna Ram (PW. 1 ). Chimnaram and his father Kachabaram also used to reside in the house of Manglaram. The prosecution story is that a day before the occurrence which took place on 8-10-1964, Kachabaram told all the three accused persons that the former always used to fetch water from the well single handed though it was consumed by all. This led to exchange of hot words between Kachabaram on the one hand and the three accused on the other. Kachabaram warned the accused that he would not allow them to use the water brought by him and that they should bring the water for their own consumption. On the day of occurrence i. e. 9th October, 1964 P. W. 1 Chimnaram went to Jav Singh's field for cutting the 'bajra' crop as he had also share in it. In the after-noon Sukha (P. W. 5) a boy of 8 years, who is the son of Manglaram came to Chimnaram and informed him that the accused Dhannaram, Kanaram and Koja were beating Kachabaram with lathis. On receiving this information Chimnaram went directly to the Police Outpost, Karada and lodged a verbal report which is alleged to have been written down by the Police Munshi but no copy of the report has been filed. The Police Munshi at the Outpost sent Ramlal Police constable with Chimnaram to ascertain the situation. Chimnaram accompanied by Ramlal went to Manglaram's Dhani where his father Kachabaram was lying in an injured condition. A large number of injuries were found on the person of Kachabaram and he was profusely bleeding. The prosecution case further is that Kachabaram then made a dying declaration in the presence of Chimnaram, Police constable Ramlal, Manglaram and Manglaram's wife Rukma (P. W. 3) and stated that the accused Dhannaram, Kanaram and Koja Ram had given him beating with lathis. After some time Kachabaram became unconscious and was taken in a bullock cart to Raniwara Police Station. But on the way between Manglaram's Dhani and Karada village Kachabaram expired. Chimnaram lodged a first information report at the Police Station, Raniwara, which was reduced into writing by the Station House Officer Shri Amar Singh (P. W. 18 ). This report has been marked Ex. P. 15. A. It was signed by Chimnaram. The Station House Officer registered a case under sec. 302, Indian Penal Code and proceeded to the place of occurrence to carry out the necessary investigation. He arrested the accused Kana on 9-10-1964 and Dhannaram and Koja on 10th October, 1964. On the information supplied by the accused thier lathis were also recovered. After completing the necessary investigation the accused were challaned in the Court of Munsiff Magistrate, First Class, Bhinmal who committed the accused for trial under sec. 302, Indian Penal Code.

(3.) IN the result, the appeal is allowed, convictions and sentences of the appellants are set aside and they are acquitted. We direct that the appellants be set at liberty forthwith, if not required in connection with any other case. .