LALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Ajmer dated 15-12-1972, whereby the accused-appellant Lala has been convicted under Sec. 302, Penal Code and sentenced to imprisonment for life and under Sec. 309, Penal Code to rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) This was an appeal from jail and as the accused-appellant was unrepresented, Shri A. K. Gupta was appointed under the Legal Aid Programme to represent the accused-appellant.

(3.) The brief facts of the case are that Amara PW/3 purchased a blanket costing Rs. 37/- from PW/6 Devilal on credit. Amara is the son of the accused-appellant Lala. Amara gave Rs. 40.00 to Lala for making payment to PW/6 Devilal. Amara then went away for work towards Kota. When be returned PW/6 Devilal again demanded the price of the blanket from him. Amara replied that he had already made payment, to Lala, and when Lala was requested to make payment, he declined as he had no readily available money. There was an exchange of hot words between Amara and Lala at the place where they were working on the famine relief projects. Then Lala accompanied with his wife Mst. Dhapu went to his house. Amara accompanied by his wife Patasi also reached there after some time. PW/6 Devilal also came on the site accompanied with two other businessmen namely Nathu and Narain. Mst. Dhapu was preparing tea in a Dhabari. Amara objected on the ground that she is lowering the position of the family in the eye of the businessmen and other persons who were present, by preparing tea in a Dhabari. PW/6 Devilal again demanded the money on which the accused appellant got enraged. He asked Patasi wife of Amara to bring the blanket from the house. When she brought the blanket Lala in a fit of anger threw the blanket in the fire. He then hurriedly went inside the house, brought the money, paid the money to Devi Lal PW/6, and the rest of the notes which were with him him he threw those notes into the fire. In this spate of anger Lala threatened Dhapu and Amara. Lala, it is said, went inside the house, brought a gupti and thrust it in the chest of Dhapu. Then he also attempted to commit suicide, but was prevented by the persons present there.