KANHIYA LAL ALIAS KANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Kanhiya Lal alias Kana was convicted under Sections 302 and 147 while the remaining five appellants (1) Gopal, (2) Madan, (3) Babu Lal, (4) Tejpal, and (5) Dhanna Lal were convicted under Sections 303/149 and 147 and each of them was sentenced to imprisonment for life with a fine of Rs. 1,000/ - under Section 302 and 302/142 and one years' rigorous imprisonment with a fine of Rs. 100/ - under Section 147 IPC by the Sessions Judge, Jhalawar by his judgment dated June 8, 1988

(2.) PW 2 Panna Lal, PW 7 Dwarka Lal are the brothers. PW 2 Mohan Lal is the nephew and PW 1 Kanti Bai is the widow of the deceased victim Dhanna Lal Mebar. Appellants Gopal, Kanhiya and Madan are the cousins of the deceased victim. They all resided in village Harigarh P,S. Khanpur, District Jhalawar Relations between then were quite cordial. How ever, accused Gopal used to accused the deceased Dhannalal stealing his hens. In the noon of 4 -6 -1987, accused Gopal fell out with the deceased Dhanna Lal and threatened him with dire consequences. At about 10.30 p m. on that very day the appellants caught hold of Dhanna Lal outside the house of Ram Karan. Each of them had a Lathi. Accused Kanhiya Lal alias Kana struck a blow of his lathi on the head of Dhanna Lal. Dhanna Lal fell down. PW 2 Panna Lal and PW 7 Dwarka Lal tried to intervene and they too were not spared. Dhanna Lal got up and tried to run away. Accused Kanhiya alias Kana then struck one more blow of his lathi on the head of Dhanna Lal. Dhanna Lal fell down and never regained senses thereafter. He passed away then and there after some minutes. Panna Lal went to Police Station Khanpur and verbally lodged report Ex.P -2 of the occurrence at about 00.30 hours on 5 -6 -187 i.e. within two hours of the incident. The Police registered a case and took up the investigation. The Investigating officer Kishan Kant PW 11 arrived on the spot, inspected the site and prepared the inquest report of the victim's dead body. The medical legal autopsy of the victim's dead body was conducted by PW 10 Dr. Surjeet Singh the then Medical Officer Incharge Government Dispensary Harigarh. The Doctor noticed the following injuries on the victim's dead body. - -

(3.) WE have heard Mr. A.K. Gupta, learned Counsel for the appellants and the learned Public Prosecutor Mr. OP. Sharma. We have also gone through the case file carefully.