BHAGWANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition of appeal presented by the convict, namely, Bhagwana through the Superintendent of Jail, Jaipur, from a judgment and order, dated November 13, 1976, passed by the learned Sessions Judge, Jhunjhunu, whereby the appellant was convicted and sentenced as under: (i) five years rigorous imprisonment and a fine of Rs. 1,000/- or in default further rigorous imprisonment for six months under sec. 304 Part II I. P. C, relating to the death of Malaram. (ii) two months rigorous imprisonment under sec. 323 I. P. C. relating to the hurt caused to P. W. Matu Ram. The two sentences were ordered to run concurrently.

(2.) THE case of the prosecution resulting in the convictions and sentences as aforesaid was that on July 26, 1976, at about 2 pm. in village of Dhani Othooni Police Station Jhunjhunu, the children of Bhagwana accused on one side and his brother PW. Matu Ram on the other quarrelled amongst themselves. THE quarrel escalated to the extent of involvement of their womenfolk in it. It is alleged that accused Bhagwana's wife began to hurl abuses at Maturam's family. Malaram deceased, father of accused Bhagwana and P. W. Maturam, went to the house of accused Bhagwana in an attempt to intercede and pacify Bhagwana and his wife. Bhagwana, it appears, was not in a mood to listen to him. THE attempt of Malaram deceased to pacify Bhagwana and his family resulted in a scuffle between him and Bhagwana. P. W Matu Ram, Kishan and Keshoram intervene and took Malaram away from the bouse of Bhagwana. THE part including Malaram deceased had gone a short distance from the house of Bhagwana accused when Bhagwana again attacked his father from behind. Bhagwana who had picked up a 'moosal' in the meantime from his house struck the weapon on the head of his father. THE weapon was struck with such a force that it broke into two parts. Bhagwana also attacked his brother Maturam and caused several injuries to him. Malaram was immediately removed to the hospital in the town of Jhunjhunu which is at distance of 9 miles from the village. A. S. I. Govind Sahai, P. W. 8 on being informed, reached the hospital and found that Malaram was in extremis and therefore not able to make any statement. He, therefore, recorded the statement of P. W. Keshoram, an eye witness, who happened to be present in the hospital at that time. This statement was recorded at 8 pm. and sent to the police station for a formal F. I. R. being registered on its basis.

(3.) BHAGWANA, as already stated, has submitted a petition of appeal through the Jail authorities. Since he was unrepresented, Shri Ranvir Singh Advocate was appointed Amicus Curiae to prosecute this appeal on his behalf. It may also be mentioned here that there is no cross-appeal from the side of the State for enhancement of the sentence.