DHANNA LAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Dhanna Lal and Babu Lal have been convicted Under Section 302, IPC and each has been sentenced to imprisonment for life with a fine of Rs. 1,000/ -, in default of the payment of fine to further under go six months' simple imprisonment by the learned Sessions Judge, Jhalawar by his judgment dated November 23, 1987. The accused have come up in appeal and challenge their conviction.

(2.) STATED in short, the prosecution case is that DW 1 Smt. Bhanwari Bai was a Khatedar tenant of some fields situate in village Kollu Khedi PS Jhawar, District Jhalawar. She sold her Khatedari in some of these fields to PW 1 Ismail Khan and his deceased brother Umrao Khan along with two or three persons on 6 -7 -1985 by executing the registered sale -deed Ex.P 28 in their favour. Possession of the fields were handed over to them by Smt. Bhanwari Bai on the same day. At about 3.00 or 4.00 p.m on 19 -7 -1985 PW 1 Ismail went to these fields and found the appellants Dhanna Lal and Babu Lai ploughing a portion of 13 Biswas. Many other persons viz. Harak Chand, Nathu Lal, Ratan Lal, Maugilal Bhanwarlal, another Ratanlal Nannu Lal. Gangaram and Mathura Ram were also there. They all had deadly arms with them. The two appellants had Swords. Seeing them there, Ismail Khan went to the village and collected some persons. He told them that the accused party was illegally sowing the seeds in the portion of 13 Biswas. These persons along with Sarpanch Ismail PW 5 came to the place where the appellants were sowing the seeds. The Sarpanch told the appellants and their companions that the fields had purchased by Ismail Khan PW 1. This annoyed and irked the appellants. Appellant Babu Lal shouted that none should be spared. Thereupon appellant Dhanna Lal struck a blow of his sword on the head of Umrao Khan Accused Babu Lal also struck one blow with his sword on the mouth of Umrao Khan. Umrao Khan fell down. There was profuse bleeding from his wounds and the clothes he was wearing got smeared, with it. Ismail Khan (PW 1), Mosam Khan and Isan Khan tried to save Umrao Khan. The appellants and their companions did not spare even these three persons and belaboured them. Thereafter the appellants and their companions named above retreated and went towards the village. Umrao Khan became unconscious on the spot He was taken in a bullock cart to Police Station Jhawar where PW 1 Ismail Khan lodged verbal report Ex.P 1 of the incident. The Police registered a case Under Sections 307, 148 etc. of the Penal Code and proceeded with investigation. The condition of Umrao Khan was rapidly deteriorating and he was taken to the Government Hospital, Jhalawar for treatment. His condition did not improve and he was taken to the General Hospital, Kota where he was admitted for treatment. Despite medical help Umrao Khan did not survive and breathe his last on 26 -7 -1985. The Police added Section 302 IPC during investigation. The Investigating Officer visited the site and prepared the site plan. The inquest report of the victim's dead body was prepared. The post mortem examination over the victim's dead body was conducted on 26 -7 -1985 by Medical Jurist Dr. Vijay (PW 16). The Doctor noticed the following ante -mortem injuries on the victim's dead body:

(3.) WE have heard Mr. A.K. Gupta -learned Counsel for the appellants and the learned Public Prosecutor, Mr. O.P. Sharma. We have also gone through the case filed carefully.