S.S.VYSA, J. - (1.) THIS is an appeal by accused Bheema against the judgment of the learned Sessions Judge, Pratapgarh dated March 27,1978 convicting the appellant under Section 302/109, IPC and sentencing him to imprisonment for life.
(2.) THE accused -appellant was tried in Sessions Case No. 108/76 in sequel to earlier Sessions Case No. 42/69. In that case (42/69) five persons Rama, Dewa, Heera, Thaweria and Amra were tried for offences under Sections 302, 302/34 and 201, IPC. The accused appellant then remained absconded and as such he could not be tried alongwith them. Briefly stated, the prosecution case is that PW 5 Jeeva is the son and PW 8 Mst Dewli is the widow of deceased Nathu Dholi of village Talab Kheri district Chittoregarh. The accused appellant and others who were tried earlier are also residents of the same village. Nathu Dholi suspected his wife Mst. Dewli to be in liason with Rama (accused tried earlier). In the afternoon of 23 -6 -69, Nathu was coming from village Raipur to Talab Kheri. When on his way he reached near the tank, Rama met him and addressed abusive words. Thereafter Rama Deoji and the accused -appellant fell down Nathu. Deoji and the accused -appellant caught hold of the hands and legs of Nathu. Rama sat on Nathu's chest and struck a number of blows on his head, face, legs, chest and other limbs of the body with a heavy stone. The injuries proved fatal and Nathu succumbed to death then and there on the spot. The occurrence was seen by PW 5 Jeewa and PW 8 Mst. Dewli. Mst. Dewli (PW 8) wanted to go to police station to lodge the report of the incident but was detained by Detiya, Amra and Thaweria (accused tried earlier) and confined in a factory nearby. The miscreants conspired to lodge a false report in order to screen the offenders from being prosecuted. Amra and Thaweria went to Police Station, Salemgarh where Thaweria lodged report Ex. P 2 of the occurrence stating therein that Nathu was done to death by some unknown 15 -20 persons. The police registered a case and proceeded with investigation. PW 3 Kalusing, the then Head Contable, reached the site and while he was preparing the inquest report of the victim's dead body, the Station House Officer PW 7 Mohammed Khan also reached there. The Station House Officer prepared the inquest report, inspected the site and prepared the site plan. He seized the blood stained earth lying around the victim's dead body. The post -mortem examination of the victim's dead body was conducted at about 10.30 A.M. on 28 -6 -69 by PW 11 Medical Jurist Dr. K C. Jain. He found the following anti -mortem injuries on the victim's dead body: External: (1) Upper lip right half lacerated (2) Lacerated wound over right eye -brow, horizontal 2' x 1/2' upto bone deep (3) Lacerated wound left forehead 1 1/2' x 1/2' upto bone deep (4) Lacerated wound right occipital region about 1 x 1/2' upto bone deep Bruises and contusions: The following bruises were noticed on the body: (1) Middle of left thigh laterally 4' x 1/2 (2) Left knee laterally 2' x 1/2 (3) Left ankle laterally 3' x 1/2 (4) Left side of the chest 3' x 4' (5). Left shoulder 2 1/2' x 1' (6) Right shoulder 1 1/2' x 1 Internal: Scalp: Lacerated wound over right eye brow, 2' x 1/2' upto bone deep Lacerated wound over left forehead 1 1/2' x 1/2' upto bone deep Lacerated wound right occipital region 1' x 1/2' upto bone deep Skull - -Fractured - - (1) Fracture of nasal bone (2) Fracture of right temporal bone (3) Fracture of right frontal bone. Fractures of nasal bone, right temporal bone and frontal bone were crushed fractures (4) Fracture of maxila and zyomatic (5) Fracture of right half of mandible at its neck and head In the opinion of doctor Jain, the cause of death was shock and heamorrhage from injuires to head and face. He was further of the opinion that the injury on the victim's head was sufficient in the ordinary course of nature to cause death. During investigation, it transpired that the report lodged by Thawaria was totally false. On investigation, the Investigating Officer arrived at the conclusion that three persons viz., Rama, Dewa and the present accusedappellant had caused the murder of Nathu. Bheema and Dewa forcibly detained the victim by catching hold his hands and feet and Rama struck blows to him with a heavy stone. On the completion of investigation, the police submitted a challan against five persons. On trial, Rama was convicted under Section 302 while Dewa was convicted Under Section 302/109 and the remaining three were convicted Under Section 201, IPC. Rama and Dewa went in appeal and their appeal was dismissed by this Court on April 2, 1981.
(3.) THE accused -appellant remained absconded but was ultimately arrested on 22 -8 -76. A challan was submitted against him in the Court of Munsif and Judicial Magistrate, Pratapgarh, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge Under Section 302/109, IPC against the accused, to which he pleaded not guilty and claimed absolute innocence. During trial, prosecution examined 11 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the accused guilty. He was consequently convicted and sentenced as mentioned at the very out -set.;