CHHANGANI,J. - (1.) Kalu Singh, the appellant, has been convicted by the Additional Sessions Judge, Jhalawar, of offences under secs. 302, 324, and 323, Indian Penal Code, by his order dated May 5, 1960, and has been awarded the following sentences: - - u/s 302 IPC Rigorous Imprisonment for life and a fine of Rs. 50/ - and in default of fine, further rigorous imprisonment for two months. u/s 324 IPC Rigorous imprisonment for six months. u/s 323 IPC Rigoruos imprisonment for two months. (Sentences to run concurrently) He has filed the present appeals one a represented appeal and the other through jail challenging his conviction and sentences.
(2.) The prosecution case may be briefly stated as follows: - -
(3.) It is alleged that on September 3, 1956, at about sun -set, the accused Kalu Singh was sitting some -where near a temple called "Rajmandir" in village Dudhalia. Daula (PW/1) happened to pass there while returning from his field and proceeding on his way home. The accused asked Daula to call one Durga Lal Tamboli. Daula, who was drenched to the bone on account of rains and was shivering with cold, refused to comply with the instructions of the accused and proceeded on his way. The accused appears to have been annoyed and assaulted Daula with a lathi which he had with him. He is alleged to have struck three blows on the head and two on the back. Daula cried for help whereupon Gangaram Teli (PW/8) came to his rescue and saved him. Daula left for his house but the accused followed him and beat him also there with kicks and fists. Moti Singh (PW/14), Amra (PW/9) and his wife intervened and Daula was shut up in a room in the house. Moti Singh and Amra brought the accused to a place near the house of one Nagu Nut. The prosecution story further is that Gopal also happened to come there and on seeing him, the accused turned upon him and inflicted four injuries with knife. In the meanwhile his wife Mst. Samari hearing his out -cry, came there and made a protest to the accused. The accused did not heed the protest but on the other hand, inflicted two knife injuries on her also as a result of which she fell down and died. The accused was then over -powered by Moti Singh (PW/14) and Jhujhar Singh (PW/15) chowki -dars who tied his hands with a rope and kept him in the Rajmandir. The knife was thereafter taken away by his mother from his hand. At the instance of Moti Singh (PW/14), Uda (P.W/10) went to the Police Station, Dag, and lodged the first information report (Ex.P -1) at 2 AM in the night on the same day which was recorded by Head Constable Gulabchand (PW/17). The report is very brief one. All that was mentioned in the report is that the accused Kalu Singh inflicted injuries with knife on Gopal and Mst. Samari and that the latter had died and that Gopal was lying unconscious. It was also recited that Daula too had been beaten by the accused. The Head Constable Gulabchand (PW/17) immediately rushed to the scene of the occurrence. As it had rained in the meantime, he could not find any signs of the incident, but he inspected the site and prepared the plan (Ex.P -8). He also prepared an inquest report on the dead body of Mst. Samari and sent it for post -mortem examination. After noticing the injuries on the persons of the injured Gopal and Daula and preparing cards, he sent them also for medical examination. He also took into custody the accused Kalu Singh who was till then in Moti Singh chowkidars custody. The accused was bleeding from his head and knee cap. Doctor Kalyan Singh (PW/12), Medical Officer, Gangadhar, performed the post -mortem examination on the body of the deceased Mst. Samari. The deceased had the following injuries on her person: - - 1. Incised punctured wound slanting at upper heart area 1 -1/2" x 1/3" broad puncturing the heart reaching upto the left lung. This was 2" away from the external border of sternum. 2. Incised punctured wound above the left eye -brow on fore -head 1 -1/2" in length, 1/3" breadth x cutting the bone reached the brain. The cause of death, according to the Doctor, was excessive haemorrhage. The Doctor was further of the opinion that injury No.1 was sufficient in the ordinary course of nature to cause death. 3. The Doctor also examined the injuries on the persons of Daula and Gopal and found the following injuries: - - Daula - -1. Injury with inflamation 3" x 1/2" breadth. Injury was Vertical on the left side of the forehead. 2. Bruises two with inflamation 4." x 1/2 at the back on left side at 9th, l0th ribs slanting in direction. Gopal - -1. Incised wound at lower lip on right side 3/4" slanting in length. 2. Incised wound at right side of the neck 1 -1/2" x 1/3" x 1/4" deep injury was vertical. 3. Incised wound at left side of chest in between 4th and 5th ribs, 3/4" away from sternal border vertical in direction 1/2" long 1/3" broad 1/4" deep.;