JASSA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been fifed by the appellant Jassa Singh under Section 374 of the Code of Criminal Procedure 1973, against the judgment dated 7th April, 1978 passed by the Sessions Judge, Pali in Sessions Case No. 49 of 1977, whereby the appellant has leer; convicted of the offence under Section 325 I.P.C. and has been sentenced to rigorous imprisonment for a period of 4 years and a fine of Rs. 1000/ - are in default of payment of fine, it has been directed that the appellant will undergo rigorous imprisonment for a further period of 6 months.

(2.) IN Sessions Case No. 49 of 1977, the appellant was prosecuted on a charge Under Section 302 IPC for having committed the murder of one Smt. Birdi on 13th September, 1975 at about 2 pm. at village Kala Kote. The case of the prosecution is that in village Kalakote, there is a field, 'Bera Navoda' measuring 15 Bighas in Khasra Nos. 327 and 328 and in the said field there is a 'Padua' (hut). The said field originally belonged to Smt. Birdi (deceased) and was first mortgaged by her with the appellant under a registered mortgage deed dated 20th April, 1976 and subsequently it was sold by Smt. Birdi to the appellant for a sum on Rs. 8,000/ - under a, registered sale -deed dated 24th May, 1976 A dispute had arisen between Smt. Birdi and the appellant with regard to the payment of the price for the said property and a litigation had also taken place between them. On September 13, 1975, at about 12 O'clock in the day, Smt. Birdi had gene to 'Navoda Bera' for the purpose of looking into the 'Padwa' situated in the said land and while she was in the said field, she was assaulted by the appellant with a lathi, as a result of which she fell down near the chabu ari in the said field.

(3.) THE cause of death according to the post -mortem report is the fracture of 9th and 10th ribs leading to rupture of spleen and haemorrhage. After completing the investigation, a challan was 61nd against the appellant in the court of the Munsif and Judicial Magistrate, First Class, Jetaran on 10th October, 1977 and by order dated 21st November, 1977, the judicial Magistrate, 1st Class, Jetaran committed the appellant to the court of Sessions for trial in respect of offence Under Section 302 IPC.