NANDLAL JAIN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Nandlal Jain and Phool Chand Jain, sons of Surajmal Jain, residents of Deoli, District Kota, were tried by the Sessions Judge, Kota on the charge of making an attempt on the life of Mohanlal Patwa (PW.2) Nandlal Jain was additionally tried in the same trial on the charge of murder of Dhanna Meena. Learned trial Judge acquitted Phool Chand Jain of the charge framed against him. He however convicted Nandlal Jain and sentenced him to imprisonment for life under section 302 I.P.C. Hi further convicted him under section 323 I.P.C. for causing hurt to Mohanlal Patwa and sentenced him to simple imprisonment for three months on that count. Nandlal Jain has appealed.

(2.) Nandlal Jain, who was employed in the Indian Navy at the relevant time was on a visit to his village aforementioned on April 9, 1975, when the tragic incident resulting in the death, by gun fire, of Dhanna Meena took place. The case of the prosecution is that shortly before the said incident there was another incident involving Nandlal Jain and Phool Chand Jain as aggressors and Mohanlal Patwa as victim. It is alleged that Nandlal Jain reproached Mohanlal Patwa for the alleged beating given by the latter to Nandlal's father. They traded abuses near a Neem tree in the vicinity of Kalu Dhobi's house. On the exhortation of Phool Chand, Nandlal struck, a lathi blow on the head of Patwa, Phool Chand struck another blow on Patwas back. Patwa fell down. Shrawan, son of Patwa injured Mangilal, Ram Parshad, Chhitar, Imamuddin, Ram Narayan, and Mohan Jat removed Patwa from there to his house. A little later, Nandlal and Phool Chand returned and stood near the bed of Patwa, threatening to kill him. Nandlal was armed with a validly licensed 12 bore gun. Dhanna Meens arrived there and pleaded with Nandlal to let the bygones be bogones and requested him to go back to his house. From there, all went out and collected infront of Mathra Lal 's house. According to the prosecution, Nandlal intentionally fired at and killed Dhanna Meena in the street between the houses of Mangilal Rathi (PW.4) and Mathralal.

(3.) On the other hand, the pleas in defence are that while Nandlal was on his way to his Khalian Patwa and his son Shrawan abused Nandlal. Patwa clasped Nandlal and Shrawan struck a lathi blow which missed Nandlal and fell on Patwa. Nandlal went back to his house. It was after about an hour of this incident that Nandlal again came out of his house, this time carrying a loaded gun in his hand. He was on way to his Khalian, Dhanna, Shrawan, Ramlal and Mohan Jat surrounded him in the street and caught hold of his gun from its muzzle end. There was a struggle for the possession of the gun. Nandlal warned them to keep off as the gun was loaded. They did not hear his warning. The gun went off in the course of the struggle for its possession, thus hitting and killing Dhanna Meena.