MOTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment of the learned Sessions Judge, Jhalawar dated 28th February, 1979. As these two appeals arise out of the same judgment, they are being disposed of by this single judgment.

(2.) BRIEF facts of the case which are relevant for the disposal of these appeals are that Vijai Singh PW/1 lodged a report with the police at about 11. 30 a. m. on 15th August, 1978, that when he was taking his cattle for grazing towards his village he met Madan PW/8 who was carrying Chhagan on his shoulders and his mother Chhamma PW/2 was following. Smt. Chhamma PW/2 was weeping and Chhagan was not uttering any word. He was unconscious and his head was bleeding. Chhagan was taken to village Aklera for treatment, but he died near the village Asalpur; and, hence the dead body of Chhagan was brought back. Rodu PW/9 had informed him that Moti and Deoji have assaulted Chhagan with lathis and stones. This assault took place in the field of Chhagan The fields of Chhagan and Moti are adjacent to each other, and have a common 'med'. There has been a long standing enmity between the two, and a serious litigation was pending between the two. Thus, because of this enmity that Deoji and Moti had taken the revenge.

(3.) ON being cross-examined on behalf of the accused, the witness Bada stated that the Ganpat Maharaj was standing on the 'med' of the field of Chhagan. Roda and Mathura were also standing on the 'med'. But they were on the village path. There was no one else except Ganpat Maharaj. Bada is a Hali of Baijnath But he did not inform Baijnath about this incident. He informed Baijnath of this incident after 4-5 days. He informe Mst. Chhamma at about sun-set. After having witnessed the 'marpeet' he did not come to the village. He did not see Madan and Smt Chhamma lifting and carrying Chhagan. He met the police man after five days in the village Haat, and during this interval he did not come to the village. At this stage, the witness stated that he is hard of hearing. Ganpat, Mathura and Roda went away after seeing the incident, and he also ran away. He went towards the jangal taking with him the bullocks and the calf. ON the day when he told Smt. Chhamma that Deoji and Moti assaulted Chhagan no one else was present.