DARI SARDAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed through Jail against the judgment of learned Addl. Sessions Judge, Raisinghnagar dated 23. 5. 85 whereby the accused appellant Dari @ Sardarsingh has been held guilty of the offence u/sec. 307 IPC and has been sentenced to 10 years R. I. together with a fine of Rs. 500/- and in default to undergo simple imprisonment for one and half months.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are : that in the night intervaning between 17th and 18th of May, 1983, the field of Nandram Jat which situated in 36-P. S. was being irrigated. It is alleged that Nand Ram Megwal's field is also situated near the field of Nandram Jat and he irrigated his field from the turn fixed for Nandram Jat. At the relevant time of the night, initially the water was going in the field of Nandram Jat. Dari @ Sardar Singh was working as a hali of Nandram Jat. Deceased Rajaram was the son of Nandram Jat. Accused Dari @ Sardarsingh was working on the field and Rajaram son of Nandram Jat who was present in the field slept. When the turn of Nandram Megwal came, he alongwith his grand son Rajaram took the water to their field. Krishna who is another grand son of Nandram Megwal slept by the side of the Rajaram Jat. It is alleged that when Nandram Megwal and his grand son Rajaram Jat were watering their field, Krishna came there in an injured condition, his throat was cut and he was professedly bleeding. When asked, he told his grand father in slow and halting tune that Dari has cut him. He then left Krishna with Rajaram who is his brother and went to look for Rajaram Jat. When he went near Rajaram Jat, he found him dead on account of the injuries received by him. It is alleged that these injuries have been caused to Rajaram Jat and Krishna with a Kassi (spade ). THE matter was reported to the police by Nandram Megwal at 6 A. M. on 18. 5. 83 at P. S. Raisinghnagar on the basis of which an F. I. R. which is marked Ex. P. 1 was drawn. Site was inspected. Post-mortem of the dead body of Rajaram was got conducted and medical examination of injuries sustained by Krishna was got done. He was admitted in the hospital and after great efforts, he could be saved although he lost his voice, in this process, on account of the injury received by him. After usual investigation, the case against the accused was challaned in the Court of learned MJM, Raisingh Nagar from where it was committed for trial to the Court of learned Addl. Sessions Judge, Raisinghnagar who after holding the trial, acquitted the accused of the offence u/sec. 302 IPC and convicted and sentenced the accused as aforesaid. THE accused filed an appeal from Jail. THEre was nobody to represent him and, therefore, legal assistance has provided to him by the Court by appointing Mr. S. C. Oza as Amicus-curiae.

(3.) THE result is that I find no force in this appeal and it is hereby dis-missed. .