S.C.AGARWAL, J. - (1.) THIS appeal has been fifed by the appellant Jassa Singh under Section 374 of the Code of Criminal Procedure 1973, against the judgment dated 7th April, 1978 passed by the Sessions Judge, Pali in Sessions Case No. 49 of 1977, whereby the appellant has leer; convicted of the offence under Section 325 I.P.C. and has been sentenced to rigorous imprisonment for a period of 4 years and a fine of Rs. 1000/ - are in default of payment of fine, it has been directed that the appellant will undergo rigorous imprisonment for a further period of 6 months.
(2.) IN Sessions Case No. 49 of 1977, the appellant was prosecuted on a charge Under Section 302 IPC for having committed the murder of one Smt. Birdi on 13th September, 1975 at about 2 pm. at village Kala Kote. The case of the prosecution is that in village Kalakote, there is a field, 'Bera Navoda' measuring 15 Bighas in Khasra Nos. 327 and 328 and in the said field there is a 'Padua' (hut). The said field originally belonged to Smt. Birdi (deceased) and was first mortgaged by her with the appellant under a registered mortgage deed dated 20th April, 1976 and subsequently it was sold by Smt. Birdi to the appellant for a sum on Rs. 8,000/ - under a, registered sale -deed dated 24th May, 1976 A dispute had arisen between Smt. Birdi and the appellant with regard to the payment of the price for the said property and a litigation had also taken place between them. On September 13, 1975, at about 12 O'clock in the day, Smt. Birdi had gene to 'Navoda Bera' for the purpose of looking into the 'Padwa' situated in the said land and while she was in the said field, she was assaulted by the appellant with a lathi, as a result of which she fell down near the chabu ari in the said field. The appellant lifted Smt. Birdi and took her towards the field of Nage Singh and placed her on the side of footpath near the said field. Akhesingh (P.W. 2) who was living with Smt. Birdi and had gone to look after his Til Crop, while returning from his field, was informed by Harisingh (P.W. 1) that the appellant had assaulted Smt. Birdi with lathi and had taken her away and Akhey Singh thereupon went in the direction in which the appellant had gone and met the appellant while he was returning after placing Smt. Birdi by the side of foot path near the field of Nage Singh. When Akhey Singh made inquiries from the appellant as to why he had assaulted Smt. Birdi, the appellant threatened to assault him also. Thereafter, Akhey Singh (P.W. 2) went near Smt. Birdi and found that there was some life left in her and she was lying in the sun. Akhey Singh (PW. 2) lifted and put her under the shade of a tree and soon thereafter she died. Akhey Singh thereupon covered her with a sheet of cloth and went to the village and informed Got Singh (P.W. 5) and thereafter Akhey Singh went to Police Station. Raipur, and lodged the report (Ex. P.1) there on 13th September, 1977, at 5 p.m. After the said report had been lodged Shri Jodhraj (PW. 9), S.H.O. of the said Police Station, came to the scene of occurrence prepared memo (Ex. P.2) as well as site plan (Ex. P.3) & sent the dead body of Smt. Birdi to the Government Hospital at Raipur for post -mortem examination. The appellant was arrested on 14th September, 1977 vide Memo (Ex. P.5). The post -mortem examination was conducted on 14th September, 1977 at 10 A M. by Dr. Vijay Raj and in the report (Ex. P.8) it is stated that the following external injuries were found on the person of the deceased: 1. A lacerated wound on left hand 6' below elbow joint mediallv of 1'x1/4' simple blunt (injury is present over an scar of 2'x2'). 2 A bruise with haemotoma on left side of lower part of chest wall over 9th and 10th ribs which is joint posteriorily on abdomen of 4'x 3/4'. 3. A bruise on left side of neck at root 1/2'x1/2' - 3. On post -mortem examination the following internal injuries were found: 1. Walls, ribs and Cartilages - On left side lower part of chest there is a bruise with haemotoma of 4' x 3/4' lower part of chest towards abdomen posteriorily. There is a fracture of 9th and 10th ribs. 2. Abdomonal walls : on posterior wall of abdomen left side there is bruise with haemotoma extending from lower part of chest down wards. 3. Peritoneum : Peritoneum is intact. Peritonial cavity is full of blood. 4. Spleen rupture at lower pole of 1'x1/2'x1/2'.
(3.) THE cause of death according to the post -mortem report is the fracture of 9th and 10th ribs leading to rupture of spleen and haemorrhage. After completing the investigation, a challan was 61nd against the appellant in the court of the Munsif and Judicial Magistrate, First Class, Jetaran on 10th October, 1977 and by order dated 21st November, 1977, the judicial Magistrate, 1st Class, Jetaran committed the appellant to the court of Sessions for trial in respect of offence Under Section 302 IPC.;