PADMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Padma has been convicted under Sec. 302 IPC. and sentenced to undergo life imprisonment. He has also been convicted under section 307 I.P.C. and sentenced to undergo seven years rigorous imprisonment.

(2.) The case for the prosecution was that on 12-4-71 the appellant alongwith Taria (acquitted), wife of Taria, Ganga mother of Lakshma and Poona husband of Ganga had gone to the fair at Lotana. Similarly Lungi (P. W. 3) sister of Lakshma, Dharma (P. W. 7), Mannu (P. W. 4) mother of Lungi, Naju (P. W.5) wife of Dharma had gone to the fair from the village of Nitora. In the afternoonall these persons belonging to the same village met in the fair. There Dharma] (P. W. 7) in company with others sung vulgar songs addressing to Laski. Taria and Punma (Father-in-law of Taria) took objection for having addressed vulgar songs to Laski. There was exchange of hot words between them and thereafter they all left the fair.

(3.) In the night at about 8.00 p. m. on the same day the appellant Taria and, Punma went near the house of Dharma armed with sword and clubs and called out Dharma. Dharma however, did not come out but his father Bhima came out and asked the accused not to pick up quarrel. Thereupon accused Taria caught; hold of Bhima and Padma struck him blows with his sword. Bhima fell down. Hearing the cries of Bhima, Dharma (P. W. 7) came out of the house with a sword to rescue his father. Padma assaulted Dharma by a sword on his head as a result of which he sustained injuries and fell down.