- (1.) G .M. Lodha , S.C. Agrawal 1. The appellant Khiyaram has file these appeals against the judgment dated January 27, 1976 of learned sessions Judge, Jodhpur, by which, he was convicted the appellant for the offence under Section 302, Indian Penal Code and sentenced him to Imprisonment for life for committing the murder of Bhanwarsingh aged 8 -9 years son of Madansingh. The accused -appellant filed this appeal through jail and another appeal has been filed through his counsel. Both the appeals are disposed of by this common judgment.
(2.) APPELLANT Khiyaram produced himself in the police station, Palasani on 18 -9 -74 and made clear breast of the incident. The Sub inspector recorded the first information report and took the lathi produced by the accused in custody. The S. M. D. also took in custody, the cycle on which the accused crime. After usual investigation, the accused was challaned and the case was committed to the Sessions Judge, Jodhpur. A charge was framed under S. 302, Indian Penal Code for committing the murder of Bhanwar Singh intentionally by causing injuries on his person by inflicting lathi blows. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution in support on its case, examined P. W. 9 Lal Singh as an eye -witness of the occurrence. According to Lal Singh, Bhanwar Singh used to go to Palasani School with him from their village Colis. Bhanwar Singh was a student of IInd Class and Lal Singh of VI Class. They used to come back from the school together. Palasani School was at a distance of about 3 miles from the place of occurrence.
(3.) ACCORDING to Lal Singh, before 11 months, the school time was over at 4 -30 p.m. At that time, he saw that Ladu Singh Master passed nearby them and he was going towards the village Lalswan. After about 5 minutes the accused Khiyaram came on the cycle to Palasani side. He stopped his cycle a little ahead on the actual place of occurrence and then, Khiyaram told the witness that he would kill Bhanwar Singh. Thereupon, Lal Singh requested him not to do so. By that time, Khiyaram gave the first lathi blow on the each side of Bhanwar Singh, whereby Bhanwar Singh fell down. Thereafter, the accused -appellant Khiyaram continued to inflict lathi blows on hands and legs and other parts of Bhanwar Singh, Bhanwar Singh raised shrieks.;