MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Raisinghnagar dated 10.12.1991 whereby the learned Judge has held the accused- appellant guilty of the offence under Sec. 302 Penal Code and sentenced him to imprisonment for life together with a fine of Rs. 1000.00 in default of payment of fine, to further undergo two months S.l.

(2.) Facts necessary for disposal of this appeal, briefly stated, are that on 15.5.1990 at about 4 p.m. accused Madanlal and his wife were coming from their field whereas deceased Lahor singh was coming towards village on the tractor of Devilal. It is alleged that accused Madanlal and his wife were unarmed. Madansingh's wife started abusing Lahorsingh. She also told her husband that Lahorsingh may be killed. In this, both of them asked Devilal to slop the tractor. Accused Madanlal picked up a wooden stump from a nearby place and inflicted blow with it on the head of Lahorsingh, on account of which, he bent down on the mud-guard of the tractor and Devilal ran away leaving behind the tractor on the spot. Thereafter, accused Madanlal started the tractor with the help of wrench which was lying in the tool box and he brought Lahorsingh at his house with the intention to kill him. He dragged the body of Lahorsingh from the tractor brought him down from the tractor and laid him on a cot. The relatives and well-wishers of Lahorsingh reached at the house of Madanlal and requested him to hand-over injured Lahorsingh, so that, he may be taken to the hospital for treatment, whereupon, the accused refused to handover him to them. Thereafter, Gurjantsingh lodged a first information report of this incident at police station Ghadsana at 8 p.m. It is also alleged that PW 1 Vichitrasingh and PW 2 Bhajansingh had seen the occurrence. The police came on the spot, inspected the site and prepared the site inspection memo Ex.P/1 and site-plan Ex. 1/2 of the place of occurrence, where the body of Lahorsingh was lying and post-mortem was got conducted and Ex.P/2. Post-mortem report was obtained. After usual investigation, challan was filed against the appellant in the court of learned Munsif & Judicial Magistrate, Anoopgarh, who is in his turn, committed the case to the court of Additional Sessions Judge, Raisinghnagar for trial. Charges were framed against the accused-appellant by the learned Additional Sessions Judge, Raisinghnagar. The accused did not plead guilty to charge whereupon trial ensued.

(3.) At the trial, the prosecution has examined as many as 11 witnesses and defence has examined only one witness Smt. Shanti. in the statement of the accused recorded under section 313, Crimial P.C. he has stated that he is innocent. The learned Addl. Sessions Judge, after hearing both the parties, found the accused-appellant guilty of the offence under Sec. 302, Penal Code and sentenced him as aforesaid and hence this appeal.