JEEVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17. 12. 92 passed by the Special Judge SC/st Court, Udaipur in Sessions Case No. 5/92 convicting the appellants of offence under Sec. 302/149 I. P. C. and sentenced each of them to undergo imprisonment for life and in default of payment to further undergo two months R. I.

(2.) THE appellant Jeeva and his sons namely Munshi aged 21 years, Prabhu aged 19 years and Shambhu aged 17 years were put to trial before the Special Judge SC/st Court, Udaipur on the charge of murder of Laxman and Valji. THE 5th accused Dhanji being a juvenile was separately tried by the Juvenile Court.

(3.) PW/5 Nana stated that on the next date of the last Diwali at about 6 a. m. Mohan, Deva, Valji and Narayan came to his house and asked to him to go to the house of Ward Panch, Nathu. Thereafter Laxman, Babu, Deva and Mohan left house. At about 11 a. m. his son Babu informed him that Valji and Laxman have been killed by the accused Jeeva, Manshi, Prabhu and Dhanji. Thereafter, he went to the house of Deva and found that the dead bodies of Laxman and Valji were lying. There was stab wound caused by `churri'. Their cloths were smeared with blood. He also stated that Deva, Mohan, Narayan and Soma were sitting on the spot. On enquiry, they disclosed that while they were chewing tobacco, Jeeva and all his four sons committed the said incident. He also stated that land of Narayan was in their possession. The accused persons had cut the trees and taken away. Except the said minor dispute, there was no other major dispute with the accused persons. He also stated that Nathu was sent to inform the Police about the said incident. He also proved various memos prepared by the Police as panch witness.