MOHANLAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated March 27, 1980 passed by the learned Additional Sessions Judge, No. 1, Jodhpur. Appellant Mohanlal was tried for the offences under sections 302 and 447 Penal Code and co-accused Annaram and Sonaram were tried for the offences under sections 447 and 323 IPC. Appellant Mohanlal was sentenced to imprisonment for life under section 302 Penal Code and a fine of Rs. 100.00, in default of payment of fine to undergo one months S.T. and one months S.I. for the offence under section 447 IPC. Anna Ram was sentenced to six months S.T. for the offence under section 323 Penal Code and on months SI for the offence under section 447 IPC. Sona Ram was also held guilty for the offences under section 447 and 323 Penal Code but in view of his being below 21 years of age, he was given benefit under the Probation of Offenders Act and was released after admonition. Out of there convicts, only Mohan lal has preferred appeal.

(2.) Anna Ram and Pancha Ram (PW 5) were real brothers. There was some dispute regarding the demarcation of field. The prosecution case is that on July 25, 1979 Mohan lal appellant armed with an axe and Anna Ram and Sohan Ram co-accused armed with lathies went to the field and at the place of occurrence started making heaps of earth (Dhigaliya). Pancha Ram (PW 5) objected. Anna Ram and Sohan Ram inflicted lathies blows to Pancha Ram (PW 5). Pancharam's ten years old daughter Loongli tried to rescue her father. Annaram and Sohanram tried to remove her from there with pushes of lathies but the girl did not move from near the father. It is alleged that Mohanlal inflicted axe blow on the back side of the neck of Loongli which resulted in her death. Pancha Ram (PW 5) lodged the information at Police Station-Lohawat. Station House Officer Murlidhar (PW15) registered the case and went to the site and conducted necessary investigation. The postmortem examination of the dead body of Loongli was conducted by Dr. Kedarnath (PW 10), Medical Officer, In charge G.M. Hospital, Phalodi. The Doctor noted one abrasion on left scapula and one incised wound on the posterior surface of neck which caused first cervical vertabra exposed. According to the Doctor Loongli died due to shock caused by spinal cord injury on the posterior surface of neck.

(3.) Upon completion of necessary investigation, charge sheet against the appellant and the co-accused was filed in the Court of Munsif and Judicial Magistrate, Phalodi. The learned Magistrate committed the applicant to the Court of Sessions Judge, Jodhpur. The learned Sessions Judge charge sheeted the accused for the aforesaid offences. Prosecution examined fifteen witnesses in all to substantiate its case. All the three accused denied the allegations levelled against them in their statement under section 3i3 of the Code of Criminal Procedure. One defence witness was examined. The learned trial Judge placed reliance on the direct evidence of Murlidhar (PW 15) and passed the judgment under appeal. Mohanlal has come in appeal before this Court.