RATNIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Addl. Sessions Judge. Gangapur City, convicted the accused appellant Ratnia u/s 304-1, Penal Code and sentenced him to undergo 10 years R. I. and to pav a fine of Rs. 500.00. In default of payment of fine, the accused has been ordered to further suffer three months R. I. The case of the prosecution, out of which this appeal arises is as follows ,

(2.) Ranjita (PW 4) is the owner of a herd of camels numbering about 50. Deceased Hanumana was his nephew, and was a boy aged 12 years. The said Hanumana was helping Ranjita (PW 4) in grazing the herd of camels and was going with him in that connection from place to place. The said Ranjita had also engaged the accused appellant Ratnia on Rs. 400.00 as remuneration per year and the accused-appellant was also accompanying the herd of camels. In the month of Sept., 1976, Ranjita (PW 4), deceased Hanumana and the accused-appellant were on the out-skirts of village Manakur, P. S. Mandrail District Sawai Madhopur in the jungle along with the herd of 50 camels and on 28-9-76 the deceased Hanumana and the accused had gone to the jungle to graze the said herd of camels, Both of them returned to their camp at about 7. P. M. and on 29-9-76 being Wednesday, Ranjita (PW 4) noticed that there were injuries on the legs and arms of Hanumana. When he enquired the said Hanumana as to how he received injuries,it is alleged he gave out that on 28-9-76 in the day, when the said Hanumana was grazing the camels in the jungle, the accused gave lathi blows to him and also insetted a lathi in the anus part of the said Hanumana Hanumana also is alleged to have given out to Ranjita (PW 4) that the accused-appellant had told him not to disclose this incident to any body, and in case he disclosed, he will be killed. No report of the incident was lodged anywhere.and the deceased along with Ranjita (PW 4) proceeded to one place Karnabas, to which Ranjita (PW4) belonged. Hanumana was taken to the hospital Pipaiiya from village Karnabas on 4-10-76, and from there a message was sent to the Police Station, Raipur, and Shri Thansingh, S. H. O. (PW 6), P. S Raipur, reached the hospital Pipalia and there a report Ex. P. 3 in writing was handed over by Ranjita to Thansingh (PW 6). An F. I. R. without number was recorded in the police station Raipur, as the case related to P. S. Mannraail, District Sawai Madhopur on receipt of the report (Ex. P. 4), a case No. 47/96 was registered vide Ex. P. 5 in P. S. Mandrail and the investigation started.

(3.) Reverting to as to what happened after Hanumana was admitted in Primary Health Center, Pipaiiya it may be stated that there Dr. S. P. Vyas (PW2 examined the injuries of Hanumana and found the following vide Ex P. 2 :