BOTLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant, convicted for the offence of Section 302, IPC, and sentenced to life imprisonment and fine Rs.1000/-, in default one month's simple imprisonment - vide judgment dated September 3, 2003 by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur, in Sessions Case No. 5/2003 - preferring this appeal, requests his acquittal.

(2.) Facts alleged, as per prosecution, are like that Harlal, Uda and Tara Chand were three brothers sons of Gulab Jat, having their agriculture land at Hinta tehsil Bhinder. On August 15, 2008, at about 7.00 p.m. , Kalu Lal s/o. Tara Chand lodged a written report (Ex.P-1) at Policle Station, Bhinder, narrating that he has a agriculture field at village Hinta, where as daily, since morning, his father was grazing Oxen - at about 4 O'clock, in the afternoon, when he and his elder father Harlal working at field. They heard shouts of his father of beating to him, so they and Gordhan Singh, soon reached and found that Botlal s/o. Udailal was beating Tara Chand with 'lath' who in blood pool was lying down. On seeing them, appellant accused Botlal ran away. Tara Chand, while being carried to Bhinder hospital in a private jeep, collapsed and his death caused because of 'lath' beating by accused Botlal which also resulted in fractures of legs and hand. On this report, FIR No.123/2000 (Ex.P-2) registered for the offence of Section 302, IPC. On August 16th at 8.00 a.m. dead body examined by I.O. - Dhoti and half of the Baniyan with blood stains of deceased presented by Botlal sealed and after postmortem at about 9 O'clock, body handed over for rites. In the afternoon, at 2 O'clock, place of incident inspected and samples of blood mixed with soil and plain soil collected and sealed and found half piece of Baniyan having blood stains seized and sealed, memos are Exs.P-6 to P-8.

(3.) Preparing memo Ex.P-8, appellant accused arrested on August 17th at 5.15 p.m. and worn pant and shirt having some blood like stains seized and sealed, memo prepared is Ex.P-10. On August 21st, on informatory disclosure of appellant made at 1 O'clock, a 'lath' lying behind the mud Kothi in Kachcha Makan of accused recovered at his instance - memos prepared are Exs. P-15 and P-11. On August 13th, place of occurrence again inspected in presence of Patwari and momo Ex.P-12 was prepared - copies of revenue record, Jamabandi and trace were obtained which are Exs. P-13 and P-14. Packets of seized and recovered articles kept safe and delivered at Lab.