M.C.JAIN, J. - (1.) THE appellant Vaja stands convicted for the offences under Sections 302 and 324 IPC and his been sentenced to imprisonment for life for the offence under Section 302 and to rigorous imprisonment for one year for the offence under Section 324 IPC by the learned Additional Sessions Judge, Udaipur, by his judgment dated 31st Jan. 1976. 'The substantive sentences were ordered to ran concurrently.
(2.) THE prosecution case in brief is that there was a dispute with regard to the land between the accused and his uncle Vala deceased. The villagers got the dispute settled About two days prior to the occurrence, the accused visited the house of the deceased Vala and expressed that as dispute stands settled and he has visited their house, they should also visit his house. Thereafter, the accused went away from the house of the deceased. It is said that on 6 6 -75. Vala. his son Shanker PW 2, his daughter Mst. Hakri PW 3 and their one guest Bhoma PW 5 went from their village Dhanol to Chhani. The same day in the evening, they returned from Chhani. After covering some distance Shanker was sent back by the deceased to fetch ten paise, which remained with the shop keeper at Chhani It is said that near the river, the accused came from behind and he along with Valaji and Bhoma had a smoke. The prosecution case further is that the accused said to lake revenge as his brother Chokla has been killed by Vala (the deceased). After saying so, the accused inflicted blows with Kulhari on the head of Vala. Bhoma and Mst. Hakri tried to intervene On intervention, Mst. Hakri was also inflicted blows with kulhari. She sustained injuries on her back and on other parts of her body and a slight injury is also said to have been caused to Bhoma. Bhoma thereafter, went towards the village of the deceased. The prosecution story further is that one Alka PW 4 was coming from towards the village Dhoan and was proceeding to Chhani When he was at a distance of about 100 paces he saw the accused inflicting kulhari blows on Mst. Hakri and thereafter, he also observed the accused chasing behind the deceased Vala He came near Mst. Hakri, who had fallen on the ground Alka then took Mst. Hakri to Chhani and informed about the occurrence to her brother Shanker. Shanker thereafter, went to his brother Magan and informed about the occurrence. During the occurrence, it is said that resistance was offered by Mst. Hakri. She caught hold of kulhari by its blade side and in that resistance, the kulhari broke into two pieces. Its broken handle part remained in the hands of the accused, where as the blade part with a broken handle piece came in the hands of Mst. Hakri This part of axe, which remained in the hands of Mst. Hakri was blood stained. Magan visited the police station, Kherwara and lodged the report Ex PI at 9 p.m. on 6 -6 -75 and he also produced the broken axe blade part which was seized by the S.H.O., Chauthmal PW 13 vide memo Ex.P2. The SHO packed and sealed the same. Mst. Hakri was taken to Kherwara where her brother Kewla also arrived and informed Shanker that his father Vala has been killed by the accused Vaja with kulhari. Bhoma PW 5 had also left for the village Dhanol from the place of occurrence and after reaching the residence of Vala at Dhanol. he informed the wife of the deceased Smt. Khatri PW 6, about the occurrence. The SHO came to know of the death of Vala. Thereupon, he proceeded to the site and prepared Panchanama. Case was converted from Section 307 to Section 302 IPC The SHO conducted the spot investigation and Investigation from the witnesses. Postmortem of the dead body was got conducted. The blood stained articles were sent for chemical examination. All the articles were found to be having human blood on them. After completion of investigation, charge -sheet was presented against the accused appellant and the accused was committed for trial.
(3.) THE Additional Sessions Judge, Udaipur, tried the accused for the offences under Section 302 and 307 IPC He recorded the statements of as many as 18 witnesses. The accused in his statement denied the prosecution case and led no evidence in defence. After hearing the arguments, the learned Sessions Judge found the accused guilty of the offences under Sections 302 and 324 IPC. on the basis of the evidence of the injured witness PW 3 and eye -witnesses Alka and Bhoma PW 4 and PW 5 and corroborating evidence in the form of the statements of Shanker as well as medical evidence and further corroboration was sought from the First Information Report as well as the circumstantial evidence of articles found stained with human blood.;