TULSI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by Tulsi Ram through the Superintendent Central Jail, Jaipur is directed against the judgment of the Additional Sessions Judge, Jhalawar, dated 25th January, 1973 convicting the appellant under Section 302, IPH and sentencing him to undergo rigorous imprisonment for life and to pay of fine of Rs. 500/ -, in default of payment of fine to further suffer simple imprisonment for two months.

(2.) THE incident that led to the arrest and prosecution of the appellant may be described in brief as follows: In the evening of 12 -9 1972 Tulsi Ram appellant visited the house of Kishna deceased for the purposes of taking him to his house for drinking liquor together. Kishan's wife Mst. Dhanni Bai asked the appellant not to take her husband to his house as she did not like that her husband should take in wine along with the appellant The appellant there upon promised Dhanni Bai that he would send her husband back after a short while. The appellant then went away with the deceased to his house. Later on in the night between 12 -9 -1972 and 13 -9 -1972 the appellant was seen by Laxman and Shanker beating the deceased with a short stick and an axe in the court -yard of his house. As a result of beating the deceased fell down in the court -yard. Meanwhile Hiralal brother of the appellant also rushed to the place of occurrence on hearing noise and saw the appellant standing in the court -yard having a short stick in his hand by the side of the deceased who was Wing on the ground. Hiralal asked the appellant why he had beaten Kishna deceased. The appellant resented his intervention and struck a blow on his body with a short stick. After receiving the blow Hiralal ran away from there. The aforesaid evewitnesses also went to their houses after the incident was over. On the next day in the morning Bhanwar Lal, brother of the deceased and other inhabitants of the village found the dead body of the deceased lying on a Chabutara outside the house of the appellant. Bhanwar Lal, brother of the deceased then rushed to the police station Jhalawar along with Bhanwar Lal son of Poorji Bhil and made verbal report to the SH Order, which in Ex. 1 on the record. The SH Order registered a criminal case under Section 302 IPC on the basis of the: report and made usual investigation into the matter He went to the spot and inspected the dead body of Kishna, prepared an inquest report and a site -plan. He seized one short stick and two empty bottles of wine from the place of occurrences The short stick was blood stained which was sealed properly in the presence of motbirs. He arrested the appellant and took his clothes i.e. one Dhoti and 'Baniyan' into his possession, as they were suspected to have plains of blood on them. He arrested the wife of the appellant also vide memo of arrest Ex. P.9 and later on recovered currency notes from the appellant's house at her instance and in consequence of her information recorded under Section 27 of the Evidence Act. He took blood stained earth also into his possession and sent the dead body of Kishna to Jhalawar Hospital for post -mortem examination. Dr. G.D. Sharma conducted an autopsy over the dead body of Kishna on 13 -9 -1972 and f sund the following injuries:

(3.) THE SHO collected other necessary evidence in the case and eventually aled a challan against the appellant and his wife for the offence of murder in the court of Munsif Magistrate, Jhalawar. The learned Magistrate held an inquiry preparatory to commitment and upon finding prima facie case exclusively triable by the court of sessions, committed the appellant and his wife Mst. Birdhi Bai for trial Section 302 and 302 read with Section 34, IPC respectively. The learned additional Sessions Judge tried the appellant and his wife for the aforesaid offences and found upon evidence that the appellant only was guilty of murder of the deceased. He, therefore, held the appellant guilty for the offence of murder and convicted and sentenced him as stated above.