RATNA @ RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Ratna @ Ratan lal S/o Amra challenges his conviction for the offence of Sec. 302 Penal Code and awarded sentence of Life imprisonment with fine of Rs. 1000.00, in default one year simple imprisonment recorded as per judgment dated 04.04.2003 in Sessions Case No. 55/2002 by the court of Additional District Judge (Fast Track) Dungarpur.

(2.) According to prosecution, one Shri Punia S/o Kanji on Dec. 21, 2001 at about 9 PM informed P.S. Ganeshpur by lodging a written report Ex.P/9 that on that day 21.12.2001 in the evening at about 6.30 - 7 PM, his elder brother Shankar while going to own house from house of his son Narayan, near handpump uttered "galiyan"- (filthy abusing words) to Ratna that he not attending functions of village (still wants to take and enjoy half land of father) and abusing so, Shankar went to his own house from where uttering and abusing came back and going through courtyard of Hamji came back to house of Punia where Punia also was, who advised Shankar not to do so and go back home, still Shankar uttering so, tried to enter into compound of Lalji and Punia preventing Shankar from doing so sent him back to his house. FIR Ex.P/9 described that Shankar going a little distance towards home came back and entered compound of Lalji where Ratna came having an axe in hand and getting hold of Shankar dragged him to own house (appellant's) where in compound, inflicted blows of axe on back and neck of Shankar who fell down, then again Ratna inflicted a blow near left ear. Shankar bleeding profusely and as Lalji, Smt. Jhamku Hamji, Smt. Shanta, Smt. Manjula, Smt. Ramila reached the spot, Ratna and his wife entered their house and closed the door. Mentioned a little in the FIR is that incident occurred due to old dispute regarding partition of land. On this report, FIR No. 204/01 Ex.P/10 registered for the offences of Sec. 302 IPC.

(3.) In course of investigation, in the morning of 22nd Dec. at about 9 AM, SHO inspecting site examined dead body of Shankar which was got photographed, samples of blood stained and plain soil and also blood stained clothes of deceased taken and sealed, preparing memos Ex.P/1 to Ex.P/5. Positives of photographs are Ex.P/23 to Ex.P/29 and negatives Ex.P/29. Postmortem of body performed at 11:15 AM, report of which is Ex.P/8 and body handed over for last rites.