GOKUL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated May 11, 1987, learned Additional Sessions Judge, Kishangarh -Bas (District Alwar) convicted the accused Gokul under Sections 302, 323 and 454, IPC and sentenced to him to various terms of imprisonment including that of imprisonment for life.

(2.) THE prosecution case is short and simple and may briefly be stated. PW 1 Smt. Mangej is the widow and PW 8 Singha Ram is son of the deceased victim Chiranjilal. They all resided in village Tattarpur, P.S. Kherthal, District Alwar. Acccused Gokul is also a resident of the same village At about 1.00 p.m. on 9 -3 1986. PW 8 Singha Ram and his mother PW 1 Mst. Mangej washing their clothes at the public well of the village. PW 8 Singha Ram was applying soap to the clothes. Accused Gokul came there and asked Singha Ram not to wash the clothes there. Singha Ram replied that he (accused) had also washed the clothes and that he was only applying soap to the clothes. This liked asked the accused and he threw away the clothes of Singha Ram and started abusing him. The deceased Chiranjilal at that time also came there and he asked the accused as to why he was picking up quarrel with his son Singha Ram. The accused started abusing Chiranjilal and struck a blow of shoe on his head, The accused thereafter went to his house. PW 8 Singha Ram, his mother PW 1 Mst. Mangej and his father Chiranjilal came to their house. The houses of the accused and PW 8 Singha Ram are situate adjacent to each other as shown in the site plan Ex P -3. Only a wall nearly 4 feet in height separates these two houses. After 5 or 6 minutes, the accused scaled over the wall and came in the court yard of Singha Ram's house with a 'Lathi' in his hand. The accused struck a blow of this Lathi on the head of Chiranjilal. Chiranjilal fell down with profuse bleeding from his head injury. The clothes he was wearing got drenched with it. When PW 8 Singha Ram and his mother Mst. Mangej PW1 tried to intervene they too were not spared. The accused struck blows to them also with his Lathi. Chiranjilal succumbed to the injury then and there. PW8 Singha Ram went to the Police Station Kherthal and presented written report Ex. P -14 of the incident at about 4.20 p.m. on the same day. The police registered a case and proceeded with the investigation. The Station House Officer Banshidhar PW 10 arrived on the spot inspected the site and prepared the site plan and the inquest report of the victims dead body. He seized the blood stained soil from the place of incident. The post mortem examination of the victim's dead body was conducted on the same day by PW 6 Dr. Dinesh Jain, the then Medical Officer Incharge, Govt. Dispensary, Kherthal. The doctor noticed two injuries on the victim's head. The left eye of the deceased was found protruded out along with upper lid. In opinion of Dr. Jain, the death of the victim had occurred due to head injury No. 1. The injuries were stated to be ante mortem. Dr. Jain prepared the post mortem examination report Ex P -8 The accused was arrested on 16 -3 -86 and a Lathi was recovered in consequence of the information furnished by him. After the investigation was over, the police presented a challan against the accused in court of Munsif and Judicial Magistrate, Kishangarh -Bas, who committed the case for trial to the court of sessions. came for trial before the learned Additional Sessions Judge who framed charges under Sections 302, 323 and 454, IPC. The accused pleaded not guilty with a fine of Rs. 1000/ -, in default of the payment of fine to further undergo six months' rigorous imprisonment for the offence under Sections 302, IPC in addition to the other terms of imprisonment and fine awarded to him for the offences under Sections 323 and 454 IPC. Aggrieved against his conviction, the accused has taken this appeal.

(3.) IN order to prove the incident and that the accused had caused the death of Chiranjilal, the prosecution examined two eye witnesses viz. Smt. Mangei PW l and Singha Ram PW 8. One of them is the widow and other is son of the deceased victim. Keeping in view, the evidence of these two occular witnesses, Mr. Gupta did not challange the finding of these court that the accused had struck blow to the deceased victim Chiranjilal and below that when PW1 Mangei and PW 8 Sjingha Ram had tried to intervene and rescue Chiranjilal, they were also struck blows with a Lathi by the accused.