- (1.) The learned Additional Sessions Judge, Sikar has convicted the accused-appellant Chothmal under Section 302, IPC and has sentenced him to imprisonment for life. In view of this sentence, the learned Additional Sessions Judge has not considered it fit to inflict a sentence of fine.
(2.) The case of the prosecution is, that Jeewanram (deceased) and Tolaram were real brothers. Tolaram died about 21 years ago, leaving behind two sons, the accused-appellant Chothmal and Ghanshyam (PW 3). Both of them were brought up by deceased Jeewanram. their uncle. When both became major, the land belonging to Tolaram was divided equally in between the accused-appellant and Ghanshyam (PW3). Jetwanram (deceased) kept his land to himself and was cultivating it. It is alleged that the accused-appellant wanted Jeewanram (deceased) to partition his land also in between him and Ghanshyam (PW 3), to which the deceased was not agreeing. On October 30, 1973, Ghanshyam (PW 3) had come to Jaipur in connection with the purchase of a tractor. In the night intervening 30th and 31st October, 1973, Jeewanram (deceased) was sleeping in his fields. Somebody committed his murder while he was sleeping The occurrence is alleged to have been witnessed by Maliram (PW 4) Taduram (PW 5) who were having their fields nearby. PW 1 Buddharam and Kundanmal (PW 11) and one Rameshwar Vaid (not examined) were playing Snake & Laddar game at the shop of Rameshwar Vaid at about 10, 10-30 p. m. on October 30, 1973. Hearing the alarm of same body that Jeewanram was being beaten, these persons along with PW 9 Sohanlal and PW 6 Banwarilal were attracted to that side. Buddhram (PW1) and Kundanmal (PW11) went on the roof of the shop, and from there went to the house of deceased Jeewaratn. There the accused-appellant was also present and he came out of his house armed with a Jeli. Shese witnesses along with "several others and the accused appellant then went to the fields of Jeewaram, where he was lying in a precarious condition with multiple injuries, which were bleeding profusely. He was lying just by the side of the cot on the ground. When they reached the place of occurrence, PW 4 Maliram and PW 3 Laduram were also present. The injured Jiwaram was taken on a cot towards his house and from there to the hospital where in the was he succumbed to his injuries. A report of the incident (Ex. P. 6) was lodged by Ghanshyam (PW 3), who was informed at Jaipur by Rameshwar Lal about the murder of Jeewaram. He, therefore, gave the report (Ex. P. 6) at Ranoli Bus Stand to Hanumtnsingh (PW 13), Head Constable, P. S. Khatu. A case was registered and investigation was set in motion. Hanuman Singh reached the spot and prepared the inquest report of the dead body of Jiwaram. Thereafter, investigation of the case was taken over from Hanuman Singh by PW 19 Kamruddin Khan, S. H. O P. S. Khatu.
(3.) Post-mortem was conducted on the dead body of Jiwaram by Dr. Ramlal Sharma (PW 14) on November 1, 1973. It started at 10.30 p. m. and was finished at 1 p. m. Dr. Sharma, on examination of the dead body, found the following external injuries : 1. Lacerated wound on the right index finger posterior aspect, medial side, 2 cm. x 1/2 cm. x 1/2 cm. 2. Incised wound on right fore-arm just below elbow joint 2,1/2 cm. X 1/2 cm. X 1,1/2 cm. 3. Incised wound on left side of face near the outer angle of left eye-direction above downward, exposure of muscle. 4. Incised wound on the left side of head in between from to-temporal bone on left margin of frontal bone 6 cm. x 2 cm. broad from the middle and 1 cm. broad on both corners into bone deep, exposure of bone. There was cutting of frontal bone in direction of incised wound about 1/4 cm. deep, direction above-downward. 5. Bruise on the left upper lid (eye lid) 3 cm. x2 cm. 6. Irregular incised wound, complete division or right ear transversely division of outer margin, became curved on the right tragus 5 cm. x 2 cm. x division of ear. Exposure of cartilage, muscle and sub-cutaneous tissue. 7. Incised wound beneath the right ear above downward 31/2 cm. x 1 cm. x 1 cm. 8. Incised wound just below injury No. 7 in right temporal region 3 cm. x: 2 cm. x bone deep, 2 cm. below and 1 cm. above. 9. Stab wound just above injury No. 8,1/2 cm.x bone deep. 10. Stab wound just above injury No. 9, 1/2 cm. x 1/2 cm. x bone deep. 11. Incised wound just above injury No. 10 about 3 cm. 12. Incised wound on right side of neck about 6,1/2 cm. from outer margin, of right ear 3,1/2 cm. x 1 cm. longitudinally. 13. Incised wound on right side of neck-two incised wounds on the neck, one above downward and the other transversely-inner to outer side. 14. Incised wound on back, right side scapular region above-downward 3 cm, x2cm. x3 cm. deep. 15. Incised wound on the middle of occipital region 4, 1/2 x 1 cm.x bone deep,, direction left to right side. 16. Abrasion on back middle side vertebrae region 1 cm. x 1/2 cm. 17. Abrasion on back right scapular region near injury No. 14, 1/2 cm. X 1/2 cm.;