AMRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CONVICT Amra preferred, this appeal against the judgment of the Sessions Judge, Balotra, dated 28th April, 1973, whereby he was convicted and sentenced to life imprisonment and a fine of Rs. 200/ -, in default of which, to suffer rigorous imprisonment for two months, under Section 302 IPC By the same judgment, however, accused Deda was acquitted of the offences under Section 302/34, 379 IPC.

(2.) THE prosecution case was as under: In the noon of 5 -7 -72, deceased Mota was ploughing his field with the help of his nephew Banka. PW 4 Mst. Kohli was clearing the field at a distance of 15 to 20 steps. Appellant Amra was also ploughing his field at a distance of 15 to 20 steps. Deda came there and asked Mota that he should go with him to Amra and compromise the dispute with regard to their fields. When Mota reached near Amra, the latter gave axe blows to the former. Mota was fatally injured and his head was severed from the body. Amra, Mota and Deda were brothers. After the incident, Amra went to PW 5 Bhanwar Singh, Sarpanch of the village, and made an oral confession of the crime. Bhanwarsingh advised appellant Amra to go to the police. On the same night, Devilal, Head Constable Police Out Post, Band came across Amra in the precinct of village Shobhala. The Head Constable took Amra to the place of the incident, where he found 15 to 20 persons and the dead body of Mota. The Head Constable made arrangements to safeguard the deadbody and also kept Amra in his custody. He was informed that Heera and Deda had left for Police Station, Guda -Malani. Deda reached P.S. Guda -Malani on the next day in the morning and reported the matter orally to Himmat Singh (PW 8), S.H.O. of the Police Station at about 10 AM The S.H.O. recorded the First Information Report, registered the case and started the investigation. He reached the scene of occurrence and inspected the site and prepared the Memo (Ex. P. 2) and site plan (Ex. P. 7). He took possession of the dead body. He also recovered the shirt (Ex 4), Adayata (Ex. 5), towel (Ex. 6) and Pagarkhi (Ex. 7) from the dead body. He also seized the blood stained earth and the controlled sample of earth The SHO arrested appellant Amra vide Ex. P. 5 in presence of the witnesses. He also recovered from Amra, an axe (Ex. 1) and a pair of golden -ear -rings (Ex 2) He also seized a covering cloth (Adayata) belonging to Amra vide Ex. P. 4. Blood stained articles were duly sealed and sent to the Chemical Examiner Jaipur. During the investigation, amongst others, the statements of PW 4 Mst. Kohli, PW 7 Banka (eye witnesses) and PW. 6 Bhanwar Singh Sarpanch of the village were recorded. PW 2 Dr. Bhanwarlal preformed the authopsy and prepared the post mortem report Ex,P. 1. After completing the investigation, a challan under Section 302 IPC was presented only against Amra in the court of Munsif Magistrate, Banner. The Munsif Magistrate, after recording the evidence, also took cognizance under Section 302/34 IPC against Deda and committed him and Amra to the court of Sessions Judge, Balotra. The learned Sessions Judge was of the opinion that the eye witnesses could not be believed with regard to Deda and therefore, acquitted him. Regarding Amra, the learned Sessions Judge was of the opinion that both the eye witnesses were reliable and their statements were sufficient to prove beyond doubt offence under Section 302 IPC against him. The learned Sessions Judge was further of the opinion that Amra voluntarily made true oral confessions of the crime to PW 2 Bhanwar Singh, Sarpanch of the village.

(3.) IT was not disputed that deceased Mota died of fatal injuries. P. W. 2 Doctor Bhanwarlal found the following injuries on the dead body of Mota. 1. An incised wound 10' x 3' x 1 1/2' deep over the left glutial region extending from left hip joint towards posterio lateral aspect of the left thigh. 2. An incised wound 7' x 1/2' x 1' deep over the right side of the scalp extending from the upper border of the neck towards the upper side passing at the 2 1/2' above the upper border on the right ear. 3. An incised wound 7' x 1' x 1' over the face extending from the left cheek towards upper lip with fracture of the left upper joint, with dislocation of the teeth 4. An incised wound 7' x 1/2' x 1/2' deep over the face extending from lobule of the left ear towards the centre of the chin with fracture of the lower jaw and dislocation of all the teeth of left side of lower jaw