- (1.)Acceptability of the plea of private defence has been the key issue which falls for consideration in this appeal against the order of conviction and as stand confirmed by the High Court. At this juncture, a brief reference to the factual score may be convenient and the facts of the case may be briefly stated as below: on 4.10. 1979, at 1.30 p. m. , Dal Chand orally reported at the police station, Dabok that on that day, at about 10 a. m. , his brother-in-law Dhan Raj, brother Keshu ram, Shobha Lal, Dalla, Ragunath Singh, wife of Dhan Raj, his sister-in-law and mother went Chandesara to cut the crop of 'makki'. From Chandesara, Raghunath singh S/o Kalyan Singh, who was in the employment of Dhan Raj, returned and he told Dal Chand that at about 1.30 p. m. on the way connecting Chandesara with khemli Station, Devi Lal had murdered dhan Raj by inflicting injuries on his body with a knife. Raghunath Singh further told dal Chand that at the time of incident shobha Lal, Dalla, Keshu Ram, wife of dhan Raj, mother of Dhan Raj and wife of keshu Ram were presented and they had seen the incident with their own eyes. It was further told by Raghunath Singh that when Shobha Lal and Dalla ran after Devi lal, he escaped and could not be arrested and, while escaping, he left a pair of chappal which was lying near the dead body of Dhan Raj. It was also stated by raghunath Singh that when the wife of dhan Raj tried to intervene, Devi Lal inflicted an injury on her hand by biting with his teeth and that, at the time of incident, onkar Lal father of Devi Lal, was also present at the spot but he had hidden himself in fencing and he had stood up to see devi Lal and, at that time, he was told about the act of Devi Lal but saying that many animals die, he went towards his house. Dal Chand has further reported at the police station that a litigation was pending in respect of land for the last 2-21/2 years and, few days ago, Devi Lal and his father had entered in the house of Dhan raj and inflicted injuries to Dhan Raj and his mother. Information given by Dal chand was recorded on exhibit P. 1 which is first information report of the case and a criminal case under section 302 of the indian Penal Code was registered and investigation was committed. After usual investigation, the case was committed to the court of munsif and judicial magistrate, mawali. The learned munsif and judicial magistrate, Mawali, took cognizance of the offence under section 302 of the Indian penal Code and committed the case to the court of district and sessions judge, udaipur by his order dated 24.11.79.
(2.)The learned district and sessions judge, udaipur framed a charge under section 302 of the Indian Penal Code against the accused (appellant) Devi Lal. The accused pleaded not guilty to the charge. The prosecution examined Dal Chand (P. W. 1) , smt. Kisturi Bai (P. W. 2) , Shri Keshu Ram (P. W. 3) Shri Shambhu Dayal (P. W. 6) , smt. Phula Bai (P. W. 7) , Shri G. L. Dad (P. W. 8) , Shri Man Singh (P. W. 9) , Dr. B. P. Gupta (P. W. 10) , Shri Ganesh (P. W. 11) and Shri Mohan Lal (P. W. 12) in support of the prosecution case. Several documents were also produced.
(3.)The records depict that the accused was examined thereafter under section 313 of the Criminal Procedure Code and denied the allegation made against him.