IMJI & IMIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Imji & Imia was tried for the offences under sections 302 and 436 Indian penal Code by the learned Sessions Judge, Jodhpur who by his judgment dated 8.2.1974 convicted the appellant for these two offences and sentenced him to imprisonment for life and a fine of Rs. 100.00 in default of payment of fine to undergo rigorous imprisonment for one month on the first count and two years rigorous imprisonment and a fine of Rs. 100.00 in default to undergo rigorous imprisonment for one month on the second count.

(2.) The prosecution case in brief was that deceased Bhomji had married his daughter Mst. Sita to the appellant five or six years prior to the incident. On account of the relations between Mst. Sita and the appellant not being cordial Mst. Sita was living with her parents Bhomji the deceased and Mst. Sohan Kanwar (P.W. 1). One month before the incident Mst. Sita contracted 'Nata' with somebody at Village-Tapu This annoyed Imji & Imia appellant. That on the intervening night of 8th June, 1973 Bhomji was sleeping on the cot outside his Dhani and Mst. Sohankanwar and her grand son Babu were sleeping inside the chowk. In the mid might Mst. Sohan Kanwar saw some light and got up. She also awoke Babu. Both of them went to the place where Bhomji was sleeping. Sohankanwar saw Imji inflicting 'axe' blows and causing injuries to Bhomji. Appellant Imji went away from there. Sohankanwar raised an alarm which attracted the neighbourers. Kumbharam, Sheraram, Rooparam and others rushed to the Dhani of Bhomji. Rooparam and Moderam went to call for Shivdansingh (P.W.5). On being informed by Mst. Sohankanwar about Bhomji setting fire to the fencing and causing injuries to Bhomji which caused his death. Shivdansingh went to police Station Osian on a camel and reached there at 8.30 a.m. He lodged an oral report there which was reduced into writing by station House Officer, Mehboobkhan which is Ex. p. 3 On the basis of the First Information Report case under section 302/and 436 Indian Penal Code was registered. The Station House Officer went to the Village-Railwada at the Dhani of Bhomsingh and inspected the site. He prepared the site inspection memo Ex. P. 1. He inspected the dead body of Bhomji and prepared the inquest memo Ex. P. 2. He interrogated Mst. Sohankanwar and recorded her statements. The blood stained clothes and beddings of Bhomji were taken in possession vide memo Ex. P. 6. The dead body was sent to Medical Officer 'Mathania' for postmortem examination. Dr.S.C. Singh conducted the autopsy on the dead body of Bhomji on 9.6.73 from 4.00 p.m. to 6.30 p m. Doctor noted following injuries on the dead body :

(3.) According to the Doctor all the injuries were grievous in nature and have been caused by five below with a sharp edged axe. He also opined that injuries nos. one and two were sufficient in the ordinary course of nature to cause death. Liver was pale in colour and was congested. Spleen was also pale, both the chamber of the heart were empty.