PARAS MANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT :- The above two appeals are directed against the judgment of conviction and sentence dated 22-4-83 passed by the learned Additional Sessions Judge, Rajsamand whereby appellant Paras Mani, who is eunuch has been convicted under Section 302, I.P.C. and sentenced to undergo life imprisonment and a fine of Rs. 100/- co-accused Badrilal, Ghanshyam and Bhanwarlal were convicted under Section 323, I.P.C. and sentenced to pay a fine of Rs. 100/- or in default to undergo one month simple imprisonment, but they have not preferred any appeal against their aforesaid conviction. Both the appeals are being disposed of by this judgment.

(2.) The occurrence took place on 23rd May, 1982 at about 6.00 p.m. in village fair in Sardargarh where deceased Mangi Lal Lakhara had installed a bangle shop. Appellant Paras Mani along with three other companions came in the fair and while collecting some money from the shopkeepers, reached the shop of deceased Mangi Lal Lakhara and demanded one rupee. Mangilal Lakhara offered 25 paisa only but the appellant insisted to take one rupee. Deceased Mangi Lal Lakhara then offered 50 paisa but appellant Paras Mani threw away the coin and insisted that he should be given one rupees. Mangi Lal Lakhara asked the appellant to take 50 paisa and remaining 50 paisa on his return from the fair. Even then appellant Paras Mani insisted for giving one rupee and picked up a bundle of bangles which was taken back by the wife of the deceased. Thereafter the appellant dragged deceased Mangi Lal Lakhara from his shop and started beating him. Mangilal fell down and Paras Mani set on his chest and throttled him by both the hands. When Pyaribai (wife) and Kanhaiyalal (son) of the deceased tried to intervene the appellant gave beating to Pyaribai by fists. At this stage two constables Bhanwarlal and Bhagwat Lal came at the place of occurrence and they apprehended appellant Paras Mani on the spot. Mangi Lal Lakhara was taken to a nearby place where doctor declared him dead. The First Information Report was lodged by Jagannath (P.W. 3) at Police Station, Amet where a case under Section 302 I.P.C. was registered and Babulal, S.H.O. initiated investigation. On completion of usual investigation, charge-sheet was submitted against the appellant Paras Mani, Badrilal, Ghanshyam and Bhanwarlal. The case was committed for trial to the Court of learned Additional Sessions Judge, Rajsamand. A charge was framed against appellant Paras Mani under Section 302, I.P.C. and Badrilal, Ghanshyam and Bhanwarlal were charged under Section 302/34, I.P.C. who claimed the trial. The learned Sessions Judge, Rajsamand convicted and sentenced the appellant Paras Mani as stated above.

(3.) The prosecution produced eye-witnesses Jagannath (P.W. 3), Mohanlal (P.W. 4), Kanhaiyalal (P.W. 6) son of the deceased. Pyaribai (P.W. 7) wife of the deceased. Manaklal (P.W. 11), Gaharilal (P.W. 12) and Sohanlal (P.W. 14). Bhanwar Lal (P.W. 8) and Bhagwat Lal (P.W. 9) are the Constables, who reached the scene of the occurrence. Dr. Subhash Chand Ranka (P.W. 10) held autopsy of deceased Mangilal Lakhara. Babulal, S.H.O. (P.W. 15) and Taga Ram (P.W. 13) S.H.O. took part in the investigation. Heeralal (P.W. 5) is the motbir witness to the seizure memo Ex. P6 relating to the shirt of the appellant Paras Mani Sheshmal (P.W. 1), Ratanlal (P.W. 2) are motbir witnesses.