NANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Nanda has preferred this appeal against the judgment of the Sessions Judge, Bhilwara. dated 21. 11. 1974 by which he was convicted and sentenced to life imprisonment under section 302 I. P. C.

(2.) The facts briefly stated were as under. On 10.6.74. Gendilal deceased who was living in village Duni for the last two years came to the field of Bansilal to meet him. He then told Bansilal that he was going to meet his brother Deva. The deceased Gendilal left the company of Bansilal and proceeded to see his brother Deva. When he reached near the well of Devi Kalal, Deva, Hazari, Ghissa, Nanda, Moolia and Dalu attacked the deceased and gave him mercikss beating. It is further alleged that Nanda was armed with an axe and the other accused were armed with lathis. Nanda appellant gave fatal axe blow to Gendilal. P. W. 2 Bansilal heard the cries and went to the scene of occurrence and witnessed the entire incident. It is further alleged in the F. I. R. that some of the villagers including Berdu Teli, Deva Khatik, Muliya Nai and Jagdish Kalal have also arrived at the scene of occurrence and witnessed the assault on Gendilal. This incident is alleged to have taken place on 10.6.1974. at 5 p. m. in the precints of village Pipiund. Bansilal lodged the report of the incident on the next day at 2 p. m. in village Bhawanipura to the S. H. O. of Police Station Jahazpur namely Shafuddin. The police conducted the usual investigation and got the dead body of Gendilal examined. After completing the investigation, out of the six persons nemed in the F. I. R., the police presented a challan against Deva, Ghissa and Nanda only in the court of Munsif Magistrate, Gluabpura who committed them to face trial to the court of Sessions Judge, Bhilwara. The learned Sessions Judge disbelieved the only intact eye witness P. W. 2 Bansilal as far as he tried to prove the complicity of Deva and Ghissa in the murder of Gendilal. The learned Sessions Judge, however, believed the testimony of Bansilal in coming to a finding that the appellant murdered Gendilal.

(3.) We have heard the learned counsel for the appellant and the public prosecutor and gone through the record of the case carefully. It is not disputed before us that Gendilal met a homicidal death. P. W. 1 Dr. Laxmi Chand Kabra conducted the post mortem examination of the dead body. He found the following ante-mortem injuries which were sufficient in the ordinary course of nature to cause death on the body of deceased Gendilal:- External Injuries: