STATE OF RAJASTHAN Vs. KACHABA

JUDGEMENT

(1.) These two appeals arise out of the same judgment passed by Sessions Judge, Jalore dated 28.7.1983, in Sessions Case No. 43/1982, whereby he convicted the accused appellant Kachaba for the offence under Section 304 Part I I.P.C., and sentenced him to rigorous imprisonment for ten years and fine of Rs. 200/-, in default, to undergo one months rigorous imprisonment. While acquitting him of the offence under Section 302 I.P.C., also acquitted the other co-accused Gorkha, of the charges under Sections 109, 114 read with Section 302 I.P.C.

(2.) Appeal No. 251/1985 seeks conviction of both the accused persons for the offence under Section 302 I.P.C., while Appeal No. 325/1983 seeks acquittal of accused Kachaba.

(3.) Brief facts of the case are, that one Malla lodged a report on 22.8.1982, at Police Station Chitalbana, to the effect, that his sister's husband Moti, resident of Padardi had gone out two years ago for earning livelihood, and returned last year, and demanded share of land from his brothers, who started declining. It was then alleged, that when his sister and sister's husband started clearing the land day before yesterday, the accused persons gave beating to his sister, and her husband came running to him at Ranodar, then he, alongwith his associates Heera Ram, Ram Kishan, Chatra, Balu Vishnois, collected Panchas, and went to Padardi, last morning. The Panchas extended good counseling, but the accused persons flatly declined to give any share in the land, and also gave out, that if Moti comes on the land, he would be killed. Then Moti, and his wife, alongwith their daughter, went to the field at about 6 PM, whereupon the accused Kachaba came from the house, armed with Kudali, and dealt with first blow on the left scapula of Moti, then another blow on his left shoulder, and when the informant's sister and niece started crying, the two other persons Mangla and Gorkha, who were standing nearby, instigated to kill, else he would create trouble in future. In the meantime, Kachaba dealt with third blow of Kudali on the head of Moti, as a result of which he fell down and died. On this F.I.R. a case for the offences under Section 302/34 I.P.C. registered, and after due investigation, challan was filed against Kachaba and Gorkha only. The case was committed.