DBCr.Leave to Appeal No.220/2007
State of Rajasthan Vs. Prem Chand
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
::::
State of Rajasthan Vs. Prem Chand
D.B. CR. LEAVE TO APPEAL NO.220/2007 AGAISNT
THE ORDER AND JUDGMENT DATED 10.8.2007
PASSED BY THE LEARNED ADDL. SESSSIONS JUDGE,
NIMBAHERA IN SESSIONS CASE NO.32/2006
DATE OF ORDER :::: 29.5.2008
PRESENT
HON'BLE MR. PRAKASH TATIA, J.
HON’BLE MR. CHAND MAL TOTLA, J.
Mr. VR Mehta, Public Prosecutor.
Mr. Sandeep Mehta, for the respondent-accused.
This leave to appeal has been preferred by the State
against the judgment dated 10.8.2007 passed by the Court of
Addl. Sessions Judge, Nimbahera in Sessions Case
No.32/2006 whereby the learned trial court acquitted the
respondent-accused Prem Chand for the charge under Section
302 IPC.
As per the prosecution case on 18.3.2006 in the night
at 9.00 PM, PW-1 Gopal Dhakad, who was Sarpanch of village
Dhalla submitted a report Ex.P/1 to Ranveer Singh (PW-10),
ASI, Police Station, Nimbahera at Government Hospital,
Nimbahera that on 18.3.2006 itself one Bherlal S/o Pyaralal
Bheel, Ward Panch resident of Dhala and Narayan S/o Bhera
Bheel resident of Dhala came to his house and told him that
DBCr.Leave to Appeal No.220/2007
State of Rajasthan Vs. Prem Chand
[2]
the respondent-accused Prem Chand gave beating to his
brother Onkarlal day before yesterday because of which
Onkarlal’s left hand broke down. Today also, he gave beating
to Onkarlal, which caused serious injuries on the body of
Onkarlal. Onkarlal is lying on the Chabutara of the village.
After receipt of this information from said Bherulal and
Naryan, the complainant PW-1 Sarpanch Gopal went to the
Chabutara of the village along with Ratanlal Luhar and
inquired from him then the victim Onkarlal told him that
victim Onkarlal’s brother Prem Chand respondent-accused
grabbed his land and the victim is demanding return of the
land to him and because of that his brother Prem Chand used
to beat him. The victim told that, day before yesterday also
he was beaten by his brother and today also he was beaten by
his brother. According to PW-1 at that time, no other person
was there and after giving beating, the respondent-accused
Prem Chand ran away from the place of beating. PW-1 first
informed the police on telephone about the incident then the
policed reached at the scene of occurrence, but at that time,
the victim was not speaking anything and, thereafter, he was
taken to hospital where he died.
On this information, FIR no.130/2006 was registered
under Section 302 IPC. The Panchnama of the body Ex.P/2 was
prepared and site inspection report Ex.P/3 was also prepared.
DBCr.Leave to Appeal No.220/2007
State of Rajasthan Vs. Prem Chand
[3]
The accused was arrested and in pursuance of information
given by him under Section 27 of the Evidence Act Ex.P/12,
vide Ex.P/7, one Lathi was recovered from the accused. The
victim’s body was sent for postmortem and postmortem report
Ex.P/11 was obtained. Copy of Jamabandi Ex.P/20 was also
produced to show that deceased and his brother respondent-
accused had joint agricultural land. The challan was filed
against the respondent-accused and charge was framed for
offence under Section 302 IPC, which was denied by the
respondent-accused and he sought trial.
The prosecution produced total 15 witnesses and 21
documents. The accused statement under Section 313 Cr.P.C.
was recorded wherein he denied all the charges.
Before the trial court, both Bherulal and Narayan did not
support the prosecution case and they were declared hostile.
Said Bherulal PW-6 and Naryan PW-7 stated that when they
reached to the place where the victim was lying, he was not in
position to speak and, therefore, he did not tell that his
brother gave beating to him. Therefore, there is no
corroborative evidence to PW-1’s statement that victim told
him that respondent-accused Prem Chand gave beating to him
and that was due to some land dispute. There are to more
witnesses PW-4 Daula and PW-5 Kalu who have been
presented as eye witnesses but their names are not mentioned
DBCr.Leave to Appeal No.220/2007
State of Rajasthan Vs. Prem Chand
[4]
in the FIR and that fact may not be very much important
because the FIR was lodged by a person who himself was not
present on the scene of occurrence, but from the statement of
PW-4 Daula and PW-5 Kalu it is clear that they are not
supporting the prosecution case and according to PW-4 Daula
when he was sitting in his house, he saw Onkarlal was
running and Prem Chand respondent-accused was after him
and he lifted one lathi and inflicted injury on Onkarlal’s left
hand and on the back. He stated that Lathi was of witness PW-
5 Kalu who was handicapped, therefore, he was keeping the
Lathi with him. He specifically stated that respondent-
accused gave two beatings by Lathi. He admitted that he did
not tell this to anybody nor he intervened. PW-5 Kalu stated
that Prem Chand took his Lathi and gave beating to Onkarlal.
He gave one or two blows on Onkarlal. He stated that he has
no knowledge on which part that Lathi hit Onkarlal. His
behaviour was also quite doubtful. PW-5 Kalu stated that
after the incident, Onkarlal remained lying for 2-3 days in
Kabootarkhana and, thereafter, police took him whereas as
per prosecution case the victim died on the day when he was
given beating by the accused-respondent i.e., on 18.3.2006.
PW-4 Daula and PW-5 Kalu stated that material part of their
statement recorded under Section 161 Cr.P.C. they did not
give. The prosecution also produced victim’s daughter PW-11
DBCr.Leave to Appeal No.220/2007
State of Rajasthan Vs. Prem Chand
[5]
Kesar. She was also declared hostile and she stated that the
land, which came in the share of her father, her father was
cultivating.
In view of the above, the trial court held that the
prosecution failed to prove that there was dispute between the
two brothers – victim Onkarlal and respondent-accused Prem
chand.
In view of the above reasons and evidence referred
above, we are of the view that it is not a fit case for grant of
leave to appeal. Hence, this leave to appeal is dismissed.
(CHAND MAL TOTLA), J. (P RAKASH TATIA), J.
c.p.goyal/-