Decided on August 16,1984

Bheru Lal And Another Appellant
The State Of Rajasthan Respondents


N.M. Kasliwal, J. - (1.)This appeal by accused Nand Lal and Bheru Lal is directed against the judgment of learned Additional Sessions Judge, Baran dated Dec. 17, 1975 convicting them under section 302 Penal Code and to a sentence of imprisonment for life. Accused Ram Chandra was also convicted under section 323 Penal Code and to a sentence of one months' simple imprisonment and to pay a fine of Rs. 100.00 but he did not file any appeal against his conviction and sentence.
(2.)Brief facts of the prosecution story are that one Mst. Kistoori D/o accused Dhanna and PW6 Kishan Lal worked as labourers in a Bidi factory at Baran. Though Mst. Kastoori was married but she had develop. ed illicit relations with Kishan Lal while working in the factory. Some person dropped a paeudonymous letter in the name of Nand lal, to accused Bheru Lal, who was the husband of Mst. Kistoori regarding the illicit relations between Mst. Kistoori and Kishan Lal. Thereafter, accused Bheru Lal came to Baran and met PW 6 Kishan Lal and made inquiries by showing him the letter Ex. 10. Kishan Lal denied the authorship of the letter and also its contents. Thereafter Bheru Lal s/o Dhanna Lal, who was the brother of Mst. Kistoori went to Bidi factory on Nov. 18, 1974. Then Bheru Lal slapped Kishan Lal on his face and threatened Kisban Lal that he would be finished by 5 p.m. Thereafter, one Prem an associate of Kishan Lal in the factory at once left the place and went to inform the father of Kishan Lal that Bheru Lal had slapped Kishan Lal in the factory. The prosecution case further is that when Bheru Lal was returning back on his cycle from the factory, Badri, father of PW 6 Kishan Lal and Mohan s/o Kishan Lal's uncle stopped Bheru Lal in the way and reprimended him as to why he gave a slap to Kishan Lal. At that point of time other accused persons namely Ram Chandra, Deen Dayal, Dhanna Lal, Nand Lal-another Bheru Lal s/o Gauri Lal came on the scene of occurrence duly armed with lathi. The prosecution story further is that the accused persons started inflicting injuries on Badri and Mohan by lathis and when they fell down then accused Nand Lal took out a knife and inflicted an injury in the stomach of Badri. Similarly, accused Bheru Lal s/o Dhanna Lal also took out a knife and inflicted an injury in the stomach of Mohan Lal. Jagannath PW 1 lodged an FIR Ex. P 1 at Police Station, Kotwali Baran on Nov. 18, 1974 at 10.15 a.m. The police registered a case under section 307, 147, 307/149 and 326 IPC. The Station House Officer, Incharge Kotwali also recorded a dying declaration of Mohan vide Ex. P2. Mohan succumbed to the injuries before being taken to the hospital but Badri was taken to hospital and his injuries were examined by PW 14 Dr. Banshidhar Chaurasia. Badri also succumed to the injuries on Nov. 20, 1974. Post mortem examination of Badri was conducted by. Dr. Kailash Chandra who found following external and and internal injuries:
1. Stab wound 11/2" x 3/4" x abdominal cavity directed down-ward forward and medially on the left side of the chest in the eighth space mid axillary line.

2. Lacerwed wound 11/2" x 1/2" x bone deep on the left parietal region antero posteriorly placed 11/4" lateral to the mid -line.

(3.)The police filed a challan against the accused persons, for offences under sections 302/149, 302, 323, 148 and 147 IPC. Learned Additional Session Judge, Baran, who tried the case, framed charges against all the accused persons. The accused persons denied the charges and claimed to be tried. The prosecution in support of its case examined 15 witnesses in all and the defence led 3 witnesses in support of its case. The learned Additional Sessions Judge acquitted accused Deen Dayal, Bheru Lal anal Dbarma for all the charges levelled against them while the remaining three accused persons namely Nand Lal, Behru Lal S/o Dhanna Lal and Ram Chandra have been convicted and sentenced as mentioned above.

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