GOPI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal by accused-appellant Gopi son of Nand Ram, is directed against the judmgment of the learned Addl. Sessions Judge, Sikar, dated 19.2.1973, whereby he held the accused-appellant guilty of committing the murder of Mahadev (since deceased) and convicted him under section 302, I.P.C. and sentenced him to life imprisonment.

(2.) The facts giving rise to this appeal are :

(3.) In the opinion of the doctor injuries No. 1, 4 and 5 were individually sufficient in the ordinary course of nature to cause death. The police after usual investigation submitted challan against the accused in the Court of Munsif and First Class Magistrate. The accused-appellant after commitment was tried by the learned Addl. Sessions Judge, Sikar. The accused pleaded not guilty to the charge. The prosecution examined 19 witnesses in support of its case out of whom P.W. 1 Mema, PW. 2 Bhagwana, PW. 4 Jodoa, PW. 5 Pokhar, PW. 12 Sadhu, PW. 13 Surja and PW. 18 Jagdish are the eye-witnesses of the occurrence. Besides their being the eye-witnesses PW. 1 Mema is the author of the first information report Ex. P 1. PW. 12 Sadhu and PW. 13 Surja are also the signatories to the first information report. PW. 16 Mohd. Umar is the main Investigating Officer of the case, P. W. 6 Dr. Kailash Chandra is the person who performed autopsy on the dead body of Mahadev. PW. 7 Jhutha Ram and PW. 10 Ratan were examined to prove discovery of axe Art. 5 as well as the fact that the accused was brought out of the well known as 'Ramsagar'. PW. 3 Mangal was examined to prove that just after the occurrence accused threw the axe into the well and jumped into it. The accused-appellant in his statement under section 342 Crimial P.C. denied his complicity in the crime and stated that a fads case was framed against him. He further stated that when he was ploughing the field, witnesses PW. 13 Surja, PW. 1 Mema and PW. 5 Pokhar after being armed with Axe., Barchi and Lathi came towards him and asked him to desist from ploughing the field. At that stage Mahadev (since deceased) intervened. Being enraged of intervention all the three inflicted injuries on the person of Mahadev. Seeing this accused left the field but was perused and out of fear for his life he jumped into the well known as 'Ramsagar'. The appellant examined two witnesses DW. 1 Mangal Ram and DW. 2 Rameshwar in support of his plea. The learned Addl. Sessions Judge after appraisal of the evidence held that on the date of the occurrence the accused was ploughing the field prior to the occurrence, and it Could not be conclusively said that Nand Singh (father of the accused) had no possession on the disputed land. He accepted ocular evidence of the eye-witnesses, and held that accused-appellant inflicted all the injuries sustained by Mahadev on the date and time alleged by the prosecution. He disbelieved the plea raised by the accused and found the statements of the defence witnesses unreliable. On the basis of the above finding the trial Judge found the accused-appellant guilty of the offence punishable under section 302 I.P.C. and sentenced him as mentioned above. Hence this appeal.