MANGIYA ALIAS MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the Sessions Judge, Jhalawar, dated June 5, 1987 by which the appellant, Mangiya alias Mangilal, has been found guilty of the offence under Sec. 302, IPC, and sentenced to imprisonment for life.

(2.) Briefly stated the facts of the case are that on a report lodged by Manna (PW 1) on 12.6.86 at about 7.30 A. M. at police station Bhalta, a criminal case was registered against the accused-appellant alongwith his brother, Nathu. It had been alleged in the report that on the day or incident took place on 11.6.86 at about 5 P. M., when the informant alongwith Rodu, & Amra were standing in front of the house of Rodu, the appellant alongwith his brother Nathu came there and that, Khema (deceased) also reached there and asked Mangiya to redeem his three rafters said to have been derived from him (Khema) by the appellant during cremation process of his father, and thereby the appellant blurted with exclaiming "come forward, to redeem his rafters". Thereafter the accused went to his house and came out of the house duly armed with 'gandasi' and immediately then inflicted blow on the head of the deceased, Khema. It had further been alleged in the report that the co-accused, Nathu, also inflicted lathi blows on the head of the deceased. And, both, the appellant-Mangiya & Nathu filed towards village. As a result of the injuries, Khema died on the spot. Manna accompanying with his brother Prabhulal reached the police station to lodge the aforesaid report. Thereupon, police proceeded with investigation. After completion of investigation, a challan was filed against the accused-appellant and his brother, Nathu.

(3.) After due trial, the learned Sessions Judge convicted and sentenced the accused-appellant as mentioned at the very outset, but acquitted co-accused Nathu holding that specific overt act alleged against Nathu has not been proved by the prosecution beyond reasonable doubt; and also that, the act as against him (Nathu) has not been supported by the statement of the doctor who conducted post mortem report. Such a finding has been recorded by the Sessions Judge on the basis of material on record and after appreciation of the evidence of prosecution witnesses who were 12 in numbers, out of them Mannalal (PW 1), Prabhulal (PW 2), Rodu (PW 3), Amra (PW 8) have been produced as eye witnesses of the occurrence. The learned trial Court disbelieved the statement of Prabhulal (PW 2) but believed the statements of Mannalal (PW 1), Rodu (PW 3) & Amra (PW 8).