ASHOK KUMAR MATHUR,J. - (1.) THIS is an appeal against the conviction and sentence of the accused under Section 302 I.P.C. by the learned Sessions Judge, Banswara by his judgment dated 17 -12 -1981/18 -12 -1981.
(2.) THE facts giving rise to this case are that on 28 -6 -81 deceased Jeetra was working in his field. His field is 200 feet away from his house. PW 14 Kali wife of deceased Jeetra was also sitting at her house and feeding her daughter. PW 15 Dalia who has a field adjoining to the field of deceased Jeetra was also working in his field. PW 5 Wesa daughter of deceased Jeetra was also working in the field. It is alleged that deceased Jeetra was well versed in witch craft. Accused Bhamji apprehended that his daughter, prior to this incident, died on account of the witch craft of deceased Jeetra. Therefore, he entertained a doubt that he has caused the death of his daughter. On the fateful day i.e. on 28 -6 -1981 accused Bhamji along with his wife and daughter came at the field of deceased Jeetra and first belaboured him with lathi on account of which he fell down. Thereafter he went to his house and brought a Kulhari and gave Kulhari blows on deceased Jeetra as a result of which he expired. Some people came on the scene of occurrence and found that deceased Jeetra has already expired. Thereafter, PW 10 Heeralal was sent to the police out post, but no body was available at the out post. Thereafter, the daughter of deceased Jeetra went to the police out post and informed about the incident. Head Constable came on the scene and thereafter the Patel of the village also reached. A report was also sent to the Police Station, Kalinjara, which is on record as Ex.P. 6. On the basis of this report, a case was registered against the accused and investigation was taken up. The police prepared the inquest report Ex. P 1 and a site inspection memo. The body of the deceased was sent for post mortem and the accused was arrested by arrest memo Ex. P 10. The accused gave information on 28 -6 -1981 regarding Kulhari and the same was recovered at his instance from his house vide Ex. P 17. Thereafter, the accused also gave another information about the lathi and the same was also recovered at his instance vide Ex. P 18. After close of the investigation, the accused was sent for trial under Section 302 I.P.C.
(3.) THE prosecution examined as many as 23 witnesses and got a large number of documents exhibited.;