MISRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal, through the Central Jail, Jodhpur, is directed against the judgment and order dated 22-3-1994 passed by the Sessions Judge, Balotra whereby, while being acquitted of offence under Section 307, I.P.C., the appellant has been convicted under Sections 302, 326 and 324, I.P.C. He has been awarded sentence of life imprisonment and a fine of Rs. 2000/- and, in default of payment of fine, six months' imprisonment under Section 302, I.P.C. three years' R.I. and a fine of Rs. 1000/- and, in default of payment of fine, three months' R.I. under Section 326, I.P.C. and one year's R.I. and a fine of Rs. 500/- and, in default of payment of fine, two months' imprisonment under Section 324, I.P.C. The substantive sentences have also been ordered to run concurrently.

(2.) In succinct, the facts that gave rise to the prosecution trial and ultimate conviction of the accused-appellant may be summarised as follows :

(3.) The appellant is resident of Sindhari in Barmer District. Pura (P.W. 3) is his father while Mst. Jamana (since deceased) was mother of the appellant. Smt. Palu (P.W. 1) is younger sister of the appellant while Smt. Meera (P.W. 2) is wife of elder brother of the appellant while Smt. Antri (P.W. 5) is the wife of the appellant. They were all members of a joint family. On the fateful day, i.e. 1-4-92, the appellant along with his wife Smt. Antari was working at a stone-quarry in village Sarnu. They had their field in the territory of village Sarnu. Since Pura (P.W. 3) and his younger brother Punja wanted to be separated from each other and, as a result, they wanted to divide and partition their agricultural field and so along with their other relations, Pura and Punja had gone to the field in the village Sarnu. At the field itself, some quarrel ensued between Punja and his nephew-appellant. However, Pura accompanied by his son as well as his daughter-in-law and his brother Punja left Sarnu and, lastly dropped at Sindhari. The 'Dhani' of Pura is situated about a distance of 21/2 kms. from the police station of town Sindhari. The appellant reached his Dhani ahead of his father and wife whereat his mother Smt. Jamana (since deceased) and his elder brother' wife Smt. Meera (P.W. 2) were present. The appellant immediately took out a sword from his 'jhompa' and he started assaulting Smt. Jamna with the naked sword. As a result, Smt. Jamana fell to the ground and suffered more injuries and lastly, she succumbed to the injuries on the spot. Smt. Antri was following her father-in-law (Pura) at some distance while heading towards their 'Dhani'. No sooner they reached near the Dhani, Pura found that his wife Smt. Jamana had already been fatally assaulted and he saw the appellant running with a naked sword towards the direction in which Smt. Antri was coming. Pura shouted towards Antri to save herself failing which the appellant would kill her to death. Antri ran back covering a little distance from there but before she could escape the assault of the appellant, she was overpowered and was assaulted with the naked sword as a result of which she received multiple injuries and fell to the ground. Taking her to be dead, the appellant fled away from there with the naked sword.