- (1.) This Jail Appeal is directed against the judgment and orders dated, September 28, 1977, made by the learned Sessions Judge, Jhalawar, whereby the learned Judge convicted and sentenced the appellant, Kalu Lal, as under:- (i) Imprisonment for life and a fine of Rs. 5,000/- or, in default of payment of fine, further rigorous imprisonment for six months on the charge of murder of Raghunath, punishable under section 302 of the Indian Penal Code. (ii) Rigorous imprisonment for two years and a fine of Rs. 2,000/- or, in default of payment of fine, further imprisonment for three months on the charge of causing hurt with kulhari to Jamna Lal PW. 1, punishable under section 324 of Indian Penal Code. The two substantive sentences were ordered to run concurrently.
(2.) The case resulting in the conviction and sentence of the appellant as aforementioned was registered by the Aklere police on February 27, 1977, at 7.20 p.m. on the first information report lodged by Jamnalal P.W. 1. The report was to the effect that Jamna Lal and his father Raghunath deceased had gone out, as usual, into fields to graze their cows and goats earlier in the day on February 27, 1977. They took the animals to Modi ki Jhiri to water them. Kalu Lal, the appellant, was taking bath there. Raghunath requested Kalulal to interrupt his bath for a short-while, and in the meantime let him water the thirsty animals. Kalulal did not agree. Thereupon both of them began to quarrel and trade abuses. Kalulal struck a lathi blow to Raghunath in the course of this quarrel. Raghunath retaliated and struck a lathi blow to Kalu. Kalu threatened Raghunath that he would be taught a lesson within a short time. A little later, Kalu's brother, namely, Dhanna came from the village and began to abuse Raghunath. Simultanecously, Dhanna struck a lathi blow to Raghunath in the course of this quarrel. Kalu Lal picked up a kulhari and struck two or three 3 blows with its sharp side on the head of Raghunath. Jamnalal PW rushed forward to intercede and save his father. Kalu struck a kulhari blow on his right hand. Raghunath fell down on the spot as result of these injuries. A number of cow-herds, including Laxmi Narain, Chhotya Ram Prasad and Motilal, Bhairulal and Mohanlal, witnessed the occurrence.
(3.) Sub-Inspector Ram Narain went to the scene of occurrence and saw the dead body of Raghunath lying there. The dead-body was sent for post-mortem. Ram Narain recorded the statements of the witnesses. On completion of the investigation, both Kalulal and Dhanna were sent up for enquiry preparatory to their commitment for trial under section 302, 303-34, 323 and 324 I.P.C. They were committed to the court of session to stand trial accordingly.;