Decided on December 17,1984

NATHA Appellant


S.S. Byas, J. - (1.)This jail appeal is directed against the judgement of the Additional Sessions Judge, Udaipur dated April 17, 1980, whereby the accused Natha was convicted under section 302, I.P C. and was sentenced to imprisonment for life with a fine of Rs. 500/., in default of the payment of fine to further undergo six months rigorous imprisonment.
(2.)Jafra Garasiya, aged about 60 years who is the deceased victim in the case was a resident of Thamalvari (Marwan) P. S. Bokariya district Udaipur. The appellant is also a resident of the same village. At about 7:00 A M. on May 11, 1979, Jafra went with his cattle in jungle known as Daladar situate in Fiduriwali Valley. This place is nearly a mile away from village Thamalvari. The accused went behind Jafra with a gun in his hand. The accused fired a shot at Jafra which hit him on his back between the lower part of left scapular and vertebrae column. The shot caused two entry wounds and two exit wounds. Jafra fell down and passed away instantaneously on the spot. The occurrence was witnessed by PW 3 Poona, who was standing at some distance from the place of occurrence. Poona went to the village and went to Dhula and apprised him of the occurrence. Dhula passed this information to deceaseds brother Jeeva (P. W. 3). Jeeva went to Police Station, Bokariya and verbaily lodged report Ex. P. 2 of the occurrence there at about 5.00 P. M. on the same day. The police station is nearly at a distance of 25 kilometer from Thamalveri. The police registered a case and proceeded with investigation. PW. 9 A.S.I. Laxmansingh arrived on the spot on the same day. He prepared the site plan Ex. P.3 and the inquest report Ex, P.4. He also seized and sealed the blood-stained soil, an axe and other articles lying there on the spot. The accused was arrested at about 5.30 P. M. on that very day. At the time of his arrest, he was having a gun with him, which was seized and sealed. The post-mortem examination of the victims dead body was conducted by PW 1 Dr. S. S. Jhala, the then Medical Officer Incharge, Government Dispensary, Gagunda. He noticed the following ante-mortem injuries on the victims dead body.
(1) Two oval shape wounds on back side between the lower part of left scapula and vertebral column.

Size (a) 1/2" x 1/4"

(b) 1/4'x 1/4"

Wound No. (a) is above the wound No. (b). Distance between two wounds is one inch. Clotted blood present on margin of wounds. Both wounds are directed slightly upwards and forwards communicated to frong side of chest wounds.

(1) Two oval shape exit wounds on left side on front of chest near the lower part of sternum,

Size (i) 3/4" x 1/2"

(ii) 1" x 1/2"

Wound No. (i) is above the wound No. (ii) Distance between them is 3/4".

(3.)Both these injuries were stated to have been caused by a gun shot. The doctor was of the opinion that the cause of death of the victim was excessive haemorrhage due to heart injury by gun shot. The postmortem examination report issued by him is Ex. P. 8. It is suggested that the accused had become impotent before this occurrence. His wife developed illegal intimacy with the deceased Jafra and became pregnant. At the time of occurrence, she was running in the 4th week of pregnancy. This illegal intimacy instigated the accused to finish Jafra for ever. On the completion of investigation, the police submitted a challan against the accused in the Court of Munsif & Judicial Magistrate, Kotra, who in his turn committed the case for trial to the Court of Sessions. The case came for trial, before the Additional Sessions Judge, who framed a charge under section 302, Penal Code against the accused, to which he pleaded not guilty and claimed to be tried. He denounced the whole prosecution story and claimed absolute innocence. In support of its case, the prosecution examined 13 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of the trial, the learned Additional Sessions Judge found the charge duly proved against the accused. The accused was consequently convicted and sentenced as mentioned at the very out-set. Hence this appeal.

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