BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals arise out of the same judgment dated 12. 9. 1983 passed by the learned Sessions Judge, Balotra. The appeal No. 375/ 1983 was filed in representative capacity and another appeal No. 382/1983 was filed by the appellant from Jail. BOTH these appeals are disposed of by this common order.

(2.) THE brief facts giving rise to these appeals are that a first information report was lodged by one Mala Ram, Sarpanch, Gram Panchayat, Doli on 14. 12. 1982 at 8. 30 P. M. at Police Station, Mandi. It was stated therein that on 14. 12. 1982 at about 4 or 5 P. M. when he went to the bus stand for going for his domestic work to village Dhawa and at the bus stand in front of the shop of Baboo Nat the accused appellant Bhagirath son of Peera Ram resident of Doli gave beating to Lumba on account of enmity. On that place Bhanwariya, Gokaliya, Ghewariya, Narpat Singh, another Ghewariya and Anand Singh, Head Master were present and tried to intervene but since the accused appellant Bhagirath was armed with a knife they withdrew themselves from that place and thereafter Bhagirath gave 3 knife blows on scapular region, back and neck of Lumba. As a result of these injuries he fell down and became unconscious. His condition was said to be serious, and he was bleeding profusely. Gokal son of Chokha, Chhoga son of Khema, Jairam and some other persons took the injured in a motor for treatment to Jodhpur Hospital at Jodhpur. But after some time Lumba died and his dead body was brought back. On the basis of this information a case was - registered against the accused and investigation was taken up. During the course of investigation necessary site inspection memos and other relevant documents were prepared by the police. After close of the investigation the police filed a challan against the accused appellant Bhagirath under Section 302 I. P. C. in the Munsif Magistrate court. THE learned Magistrate ultimately committed the accused to the Court of Sessions for trial.

(3.) WE have considered the rival submissions of the learned counsel for the parties. P. W. 4 Bhanwaria who is owner of the tea-stall has deposed that on the fateful day one Narpat Singh along with deceased Lumba and Gokal were sitting at his tea-stall. He further deposed that he was preparing tea for the customers. At some distance Ghewaria son of Imartaram and another Ghewar Ram s/o Ghoturaram along with Head Master were also standing. Bhagirath and Lumba scuffle with each other. Narpat Singh and Gokal separated them. Thereafter Lumba turned back but he lost some balance. Then suddenly Bhagirath took out a knife and gave three blows on the body of the deceased Lumba. As a result of these injuries Lumba fell down and started bleeding. Thereafter Bhagirath ran away from that place on his cycle towards the village. He admitted in his cross-examination that Lumba and Head Master came to his hotel on foot and at that time Bhagirath was already sitting at his hotel. He also deposed that -Lumba was not armed with any lathi. To the same effect is. the statement of P. W. 8 Gokalram. He deposed that accused Bhagirath caught hold of the back and forced it downward. Thereafter, he gave these successive blows. To the same effect is the statement of P. W. 3 Ghewar Ram, P. W. 13 Ghewaria and PW 14 Narpatsingh. Therefore, it is not necessary to refer to their depositions. The gist of the testimony of these witnesses is that they have supported the version given out by P. W. 4 Bhanwaria. Therefore, in these circumstances, there is no reason to disbelieve the' testimony of these witnesses so far as giving of beating to deceased Lumba by accused appellant Bhagirath is concerned, which ultimately resulted in death of deceased Lumba.