SUKHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27. 9-84 passed by the Addl. Sessions Judge, Nagaur, by which the three appellants Deepa Ram, Chutra Ram and Smt. Sukhi have been convicted u/s 302/34 I. P. C. and sentenced to imprisonment for life and a fine of Rs. 100/-, in default to undergo three months rigorous imprisonment each.

(2.) THE prosecution case is that on 13. 9. 83, Kumbha Ram deceased had gone in his field. Lichhman Ram informed him that the cattle of the accused had entered the field of Kumbha Ram. Upon this Kumbha Ram repremanded. Deepa Ram caused injuries to him with a stick. At this both of them entangled and in that scuffle Deepa Ram caused lathi injury to deceased Kumbha Ram. Lichhman Ram and his wife Smt. Sukhi, who were cutting bajra heads in their field nearby rushed to the rescue of Kumbha Ram. Chutra Ram inflected lathi blow, causing injury on the neck of Kumbha Ram. Chutra Ram took the sickle from the hand of his wife Smt. Sukhi and caused injuries to Kumbha Ram. Kumbha Ram fell down and succumbed to those injuries. Birda Ram is said to be an eye witness of the occurrence. He went to Lichhman Ram s/o Kumbha Ram and informed him about the incident. Lichhman Ram got report Ex. P10 scribed and produced it at police station Khinvsar. PW 12 Shanker Lal Investigating Officer registered a case and proceeded for investigation at the site. He prepared inspection memos. THE post-mortem examination of the dead body of Kumbha Ram was conducted by Dr. J. K. Jalan, PW 7. He prepared the post-mortem report Ex. P7. THE injuries on the appellant Deepa Ram were also examined by the same doctor. THE injury report is Ex. P8. Upon completion of necessary investigation, charge-sheet against the three appellants was filed in the court of the learned Chief Judl. Magistrate Nagaur. THE learned Magistrate committed the case to the court of Addl. Sessions Judge, Nagaur, THE learned Judge charge sheeted the appellants and recorded their plea. THE appellants denied the charges and claimed to be tried. To substantiate its case, prosecution examined 32 witnesses in all. In their statements recorded u/s 313 Cr. P. C, the appellants denied the allegation levelled against them. One defence witness Hukma Ram (DW 1) was examined. THE learned Judge placed reliance on the testimony of PW 6 Birda Ram the alleged eye witness, and recorded the judgement of conviction and passed the sentence as stated earlier.