BHOJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the Judgment of the learned Addl. Sessions Judge, Barmer dated 28. 4. 1988 whereby the learned Additional Sessions Judge has held the accused-appellant Bhojrajsingh guilty of the offences under Ss. 304 Part II, I. P. C. and s. 447 I. P. C. and has sentenced him to 10 years rigorous imprisonment and to pay a fine of Rs. 10,000/- and in default to undergo 2 years rigorous imprisonment on the first count and to one month's rigorous imprisonment together with a fine of Rs. 1000/- and in default to undergo 15 days rigorous imprisonment on the second count. It was further ordered that in case, the fine is recovered, its 75% of the amount will be given to the wife and children of deceased Vasudeo.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that PW 18 Chananmal, who is the real maternal uncle of deceased Vasudeo lodged a written report to S. H. O. Police Station, Girab on 17 8 1987, which has been marked Ex. p. 21 stating therein that his nephew (sister's son) Vasudeo was sent by him to his field in village Bandhra for supervision He was assisted by PW. 8 Sahabdan Singh, a child aged about 10 years. It is alleged that Sahabdansingh came and informed him that two persons came to the field and they inflicted injuries to Vasudeo with an axe and lathi, by which, Vasudeo fell down and became unconscious. THEreafter, the accused-persons ran away from the field. It is further alleged that Sahabdan Singh further informed him that he could not identify these persons. On this, Chananmal accompanied by Kukamsingh, Chamar Singh, Jabarsingh, Chaturbhuj and Padamchand went to the field and found Vasudeo lying injured and unconscious. THEy also saw the foot prints of two persons and on scrutiny, it was found that foot-prints of two persons were going towards village Kundal. THEreafter, they put Vasudeo on a Charpai and brought him to village Jandhra. Later, they brought him to village Girab in a bus. According to Chananram, there were three big wounds on the head of Vasudeo inflicted by axe and lathies and some other injuries were also present on the person of Vasudeo. On this report, a case under s. 307 I. P. C. was registered. THE formal FIR was drawn. THE site was inspected. Five foot prints were detacted and protected when they were seen with the help of foot-print experts. Accused Bhojrajsingh was arrested and a lathi was recovered from him but it was not found to be blood stained. Vasudeo was sent for medical examination, vide memo Ex. P. 13, which shows that he has received 6 injuries on his person. Vasudeo died on 18. 8. 1987 at about 9. 15 A. M. and so, his postmortem examination was got conducted. His postmortem examination report Ex. P. 20 shows that Vasudeo had only one leacrated wound over his scalp on the left side and as per the opinion of the Doctor, the cause of death was head injury and intracranial bleedings. THE S. H. O. prepared the site plan and Panchnama Lash and found three injuries on the head and one injury on the left temperal region. THE Inquest memo was prepared and it was found that three injuries were existing on the head and one was existing on the left temporal region. THE moulds of the foot-prints were not taken and they were not sent for any expert's opinion. THE lathi recovered was not found blood stained. THE accused Bhojrajsingh who was arrested was got identified in an identification parade by witness Sahabdansingh vide Identification memo Ex. P. 18, which has been proved by the concerned Judicial Magistrate.

(3.) MISS Sumitra Sankhla, the learned Public Prosecutor appearing for the State has, however, submitted that in this case not only the accused has been identified by the eye witnesses and has been named but he was put for identification in the Jail to witness Sahabdansingh and he has identified him and, therefore, this supports the testimony of Sahabdansingh that this was accused Bhojrajsingh who has taken part in this incident.