CHHOTEY AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Om Prakash is the son of the other appellant Chhotey. They have been convicted under Sec. 302 I.P.C. and each has been sentenced to imprisonment for life by the Additional Sessions Judge, Dholpur, by his judgment and order dated Dec. 7, 1987.

(2.) Briefly recalled, the facts and circumstances culminating in the prosecution and conviction of the appellant are, that P.W. 1 Smt. Maya is the widow of Baglu. Baglu was the real brother of appellant Chhotey. They all resided in Village Semra, Police Station Sepau, District Dholpur. The continuous recitation of 'Ramayan' was going on in the village Temple in May 1985. At about 10 A.M. on 29.5.1985. P.W. 1 Smt. Maya and her husband Baglu went to the temple and donated a sum of Rs. 50.00 there. Thereafter the husband and wife were returning to their house. When they left the temple and were in their way near the Dharam-shala, the two appellants accompanied with Smt. Shyamoli and Pedda came from the other side They blocked the way of Maya and her husband Baglu. Baglu asked the appellants and their companions to allow them to go. The appellants asked Baglu as to where he was going. Baglu told them that he was going to village Rajora to beat the drum at Prem Singh's house as Perm Singh had invited him there. Appellant Om Prakash told Baglu not to go there as the house of Prem Singh was not in his 'Birat' but was in the Birat of the appellants. This led to the exchange of some hot words. Appellant Om Prakash struck a blow of lathi on the head of Baglu. Appellant Chhotey also struck a blow of lathi again on the head of Baglu. Baglu fell down. Smt. Shyamoli and Pedda put their feet on the neck of Baglu. Mst. Maya tried to intervene and lay over her husband Baglu to protect him. She was also not spared and was administered blows by the appellants Om Prakash and Shyamoli. Baglu did not survive and passed away out the spot. It may be mentioned that Smt. Shyamoli is the wife of accused Chhotey and Peeda is his son. Smt. Maya raised cries. Hearing her out cries, many persons, viz., P. W. 2 Kishan Das. P.W. 3 Chob Singh, P.W. 4 Shishupal, P.W. 7 Babulal and Dwarka, who were on the temple, rushed there. Seeing them, the appellants retreated and went away. Babulal and others took care of the dead body of Baglu. Smt. Maya went to the Police Station, Sepau, where she presented a written report, Ex. P. 8. of the incident at about 2.30 P.M. The Police registered a case and proceeded further. The Investigating Officer Liladhar, Head Constable. Police (P. W. 10) arrived on the spot and prepared the site-plan. He found the victim's dead body lying at his house. The Investigating Officer prepared the inquest report Ex. P. 4. The post-mortem examination of the victim's dead body was conducted at about 4.00 P. M. by P. W. 11 Dr. Babulal, the then Medical Officer-in-charge. Primary Health Centre, Sepau. The Doctor noticed the following inte-mortem injuries on the victim's dead body.

(3.) In support of its case, the prosecution examined 11 witnesses and filed some documents. In defence, no evidence was adduced. On the conclusion of trial, the learned Additional Sessions Judge held that there was no incriminating evidence against accused Smt. Shyamoli. The circumstances also did not point out her involvement and Sec. 34 I.P.C. had no applicability. She was, therefore, acquitted of the offences she was charged with. Learned Additional Sessions Judge further held that the deceased had received two fatal injuries on his head, one of which was caused by the appellant Chhotey and the other was caused by appellant Om Prakash. He, therefore, held both of them guilty under Sec. 302 l.P.C. and sentenced them as mentioned at the very out-set. Aggrieved against their conviction, the father and the son have came up in appeal.