DALLU RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1984-3-17
HIGH COURT OF RAJASTHAN
Decided on March 22,1984

Dallu Ram Appellant
VERSUS
STATE OF RAJASTHAN Respondents


Referred Judgements :-

SURAT SINGH V. STATE OF RAJASTHAN [REFERRED TO]
HARJIADERSINGH V. DELHI ADMINISTRATION [REFERRED TO]
LAXMAN KALU NIKALJE VS. STATE OF MAHARASHTRA [REFERRED TO]
HARDEV SINGH VS. STATE OF PUNJAB [REFERRED TO]
GOKUL PARASHRAM PATIL VS. STATE OF MAHARASHTRA [REFERRED TO]
KULWANT RAI VS. STATE OF PUNJAB [REFERRED TO]
NAZIR VS. REX [REFERRED TO]
BAHADUR SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]



Cited Judgements :-

SIMIYA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1987-3-71] [REFERRED TO]


JUDGEMENT

S.S.BYAS, J. - (1.)BY his judgment dated September 25, 1979 the learned Sessions Judge, Churu convicted and sentenced the accused Dallu Ram as under: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S.No. Offence u/s Sentence awarded - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (1) 302, IPC Imprisonment for life with a fine of Rs. 250/ -, in default of the payment of fine to further undergo two months' rigorous imprisonment. (2) 354, IPC Six months rigorous imprisonment. (3) 452, IPC One year's rigorous imprisonment with a fine of Rs, 100/ -, in default of payment of fine to further undergo one month's Rule 1. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Substantive sentences were directed to run concurrently while those in default of the payment of fine consecutively. The accused has come up in appeal to challenge his conviction and sentence.
(2.)BRIEFLY stated, the prosecution case is that PW. 7 Mst. Vidhya, who was a young girl of 15 -16 years in age was sleeping in her Kotha situate in village Niyangal Badi district Churu with two girls of tender age. She had bolted the door of the Kotha from in side. In the mid night, the accused came, removed the bolt, opened the door, went to Mst. Vidhya and caught hold her hands. Vidhya resisted. The accused threatened to stab her in case she raised cries. Mst. Vidhya did not yield to the threat of the accused and raised cries. Hearing her cries, her uncle Ghadsi came to help her from his house. The accused tried to escape. Ghadsi caught hold of him in his arms. The accused had a dagger with him. He inflicted an injury with his dagger on the neck of Ghadsi. The injury proved fatal Ghadsi fell down and passed away instantaneously on the spot. Hearing the out -cries of PW. 7 Mst. Vidhya, many persons viz., PW. 2 Dariya Singh, PW. 4 Deo Karan, PW. 5 Chandgi, PW. 8 Shanti, PW. 6 Mahendra and PW. 3 Amar Singh also came there. But the accused made good his escape. PW. 1 Ram Kumar had gone to some Hi other village. PW. 3 Amar Singh was sent to inform him. PW. 1 Ram Karan. on being informed of the murder, came there on the spot and gathered the facts. He thereafter went to Police Station, Rajgarh and verbally lodged report Ex. P.1 of the occurrence at about 11.00 A.M. on February 22,1979. The police registered a case and proceeded with investigation. The Station House Officer Prahlad Ram Meena (PW. 12) arrived on the spot on the same day and prepared the inquest report of the victim's dead body. He also inspected Hp the site, prepared the site plan and collected the blood lying there. The post mortem examination of the victim's dead body was conducted on the same day by Dr. Megh Singh (PW. 10), the then Medical Officer In -charge, Government Dispensary, Rajgarh. He found the following injury on the victim's deadbody. '1. A stab wound 1/8' x 1/10'. It is on left lateral aspect of root of the neck. It is 1 -1.5' lateral to medial end of left clavical bone just above the upper border of the left clavical bone. It is semi circular in shape and ages are clean -cut. It is directed towards left pleural cavity. Blood was coming by pressing on the left side chest. On opening the chest the left pleural cavity was full of clotted and fluid blood. Upper lobe of left side lung is punctured up to 2' deep from top of it. Above injury was ante -mortem. In the opinion of Dr. Megh Singh, cause of the victim's death was internal haemorrhage and shock. He was also of the opinion that the said injury to the victim could be caused by dagger (Article 4). He was also of the opinion that the injury was sufficient in the ordinary course of nature to cause the death. The post mortem report prepared by him is Ex. P.13. The accused was arrested on March 21, 1979. In consequence of the information furnished by him on March 25, 1979 whilst under police custody, dagger and his blood -Bf v stained clothes were recovered from his possession. On the completion of Bp investigation, the police submitted a challan against the accused in the court of the Chief Judicial Magistrate, Churu, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed charges tinder Sections 452, 302 and 354, IPC against the accused, to which he pleaded not guilty. He pleaded alibi and alleged that he has been fals ely implicated due to his strained relations with the family of Mst. Vidhya (PW. 7). SKI During trial, the prosecution examined 12 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the prosecution case substantially true. The version put in defence was rejected as false and unfounded. The accused Hp was consequently convicted and sentenced as mentioned above. Aggrieved against his conviction and sentence, the accused had taken this appeal.
We have heard the learned Amicus Curiae and the learned Public Prosecutor. We have also gone through the case file carefully.

(3.)THE cause of death of the victim Ghadsi Ram was not challenged before us nor could it be challenged in view of the opinion of Dr. Meghsingh (PW. 10), We have gone through his statement and find no good and cogent reasons to distrust his opinion. It, therefore, stands proved that the death of victim Ghadsi was not natural but homicidal.


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