JUDGMENT 1. The learned Additional Sessions Judge, Jhalawar vide judgment dated 20-7-89 convicted the accused appellant i.e. Kajod under section 302 Indian Penal Code and sentencing him to undergo life imprisonment and to pay a fine of Rs 500/- and in default of payment of fine to further undergo six months rigorous imprisonment. The accused-appellant was, is custody since 25-10-89. It was. therefore ordered by the learned Sessions Judge Unlit the period undergone shall be set-off in the sentence awarded by him and the accused appellant shall only undergo the remaining part of the sentence. Co-accused; Gangaram was also tried by tie learned Sessions Judge, but benefit of doubt was extended to lam and the learned Sessions Judge acquitted him and the charge under section 302/34 Indian Penal Code. 2. The prosecution story is that on August. 1, 88 at about 5.00 a.m in village Malla Kikdia situated in the East at the distance of 13 Kilometre from Police Station Bhalka, Kanwarlal along with his uncle Doonga and one Ratta were grazing she buffalows on the day of the occurrence near his field and Doonga (deceased) was also with him. The accused-appellant along with Ganga (acquitted by the Court) came there, Whereas, the accused-appellant was armed with an Axe. Gangaram was armed with a Lathi The accused-appellant and Gangaram asked deceased (Doongaram) that he will not take his bullock cart or his she buffalows through his fields, then Doonga told them that they will not take cart etc. through his fields then they will also not allow them to take the cart etc. After hearing the same the accused who was armed with an Axe gave ore blow from the sharp side by tie Axe to Doonga and Doonga fell down on the ground. Hiralal is said to have been accompanying the accused.persons and vide Ex. E.6 he lodged a FIR in Police Station Bhalka where FIR No. 94/89 and the investigation was set in motion. 3. The post-mortem on the dead body of the deceased was conducted by Dr. P.C. Meena PW-3 and Dr. PC Meena found that there were as many as 4 injuries as under: 1. Incised wound on the right side of the neck below right side ear measuring 41/2x3"x11/2" 2. incised wound on the right side of the face measuring 31/2"x21/2"x1". 3. The post-mortem on the dead body of the deceased was conducted by Dr. P.C. Meena PW-3 and Dr. PC Meena found that there were as many as 4 injuries as under: 1. Incised wound on the right side of the neck below right side ear measuring 41/2x3"x11/2" 2. incised wound on the right side of the face measuring 31/2"x21/2"x1". 3. Incised wound on the chin and below the lips measuring 4" x 1/2" x 1/2". 4. Incised wound on the back side of the head measuring 61/2" x 21/2" x 11/2". Wounds nature-Ante mortem in nature. Semi dilated. On opening the scalp, the Dr. found that theme was cut in all the 3 membrans and cut on the occipital bone. Dr, further found after examination of neck and face that all muscles of the right side of neck were cut common carotid Artery of external and internal Juglar vein were also cut right side of mandible bone was cut. In the opinion of the Doctor the cause of death was cut of the large vessles of right side of neck. 4. The accused was arrested and gave information under Section 27 of the Evidence Act and blood smeared Gandasi was also seized and sealed. The seized article were sent to the Director. Forensic Science Laboratory, Jaipur but it appears from the perusal of PW 17 that the Axe which was used in the crime was not there and, therefore, so far as Axe is concerned, it is not connected with the crime. 5. The accused was examined under Section 313, Criminal Procedure Code to explain the circumstances appearing against him in the evidence. The accused had examined himself in defence. The trial Court convicted and sentenced the accused as aforesaid. 6. We have heard the learned counsel for the accused-appellant and the learned Additional Public Prosecutor and also have gone through the record. This case sets on the evidence of three witnesses namely PW 1. Hiralal, PW-5, Kanwarlal and PW 6, Ratta. All have stated that the accused gave repeated blows to the deceased. So far as PW 1, Hiralal is concerned, he bad lodged the First Information Report. This case sets on the evidence of three witnesses namely PW 1. Hiralal, PW-5, Kanwarlal and PW 6, Ratta. All have stated that the accused gave repeated blows to the deceased. So far as PW 1, Hiralal is concerned, he bad lodged the First Information Report. After perusal of the statements of PW 6, it shows that the FIR was lodged at 8.30 a.m. and when the occurrence was taken place at about 5.00 a.m. The report was lodged without any delay and the name of the accused (Kanwarlal) has also been shown in the First Information Report. It will be seen from the report that it is mentioned that the accused had given repeated blows to Doonga. Kanwarlal has stated in the Court that Doonga (deceased) was his uncle and the occurrence had taken place on the day in the morning. He was grazing the cattle along with deceased and the accused-appellant namely. Ganga came there and the accused was armed with an Axe. The accused first asked Doonga that he should not in future pass his bullock cart through his fields and Doonga stated that he also should not do be will not. At this the accused. appellant gave blow by an Axe Doonga felt down on the ground and the accused gave repeated blows. Ratta, PW 6 is a person who does not belong either side as independent witness. PW 6 states that Kanwarlal and Doonga were grazing tote cattle in the fields and their fields are nearby. Inc accused-appellant Kanwarlal came there and was armed with an Axe. He told Doonga that he should not pass his bullock cart through his field. and thee gave blows on the head of Doonga, Doonga fell down on the ground. The accused gave repeated blows on the body of Doonga, who was still lying on the ground. 7. We have gone through the statements of PW 6, Ratta and Kanwarlal which were recorded by the trial Court and nothing favourable to the accused even after cross-examination could come out. As per the statements of Hiralal at about 4.50 a.m, on the day of occurrence i e. 1-10-88 that he went to his fields and saw that his father Doonga was lying dead on the ground with injuries on his head and face. As per the statements of Hiralal at about 4.50 a.m, on the day of occurrence i e. 1-10-88 that he went to his fields and saw that his father Doonga was lying dead on the ground with injuries on his head and face. He states that the deceased (Doonga) was his father and the fields of the accused party are close by 8. We hale already extracted the injuries of deceased (Doonga) and it will be seen from the post-mortem report and have said that the deceased had died due to several injuries by sharp edged weapon. There could be intention of the person who gives the repeated blows on vital part of the body bur to cause the death of the victim The accused shall be responsible for causing the death of Doonga. The accused therefore, has rightly been convicted and sentenced by the trial Court under section 302 Indian Penal Code. 9. This criminal appeal has no force and the same is hereby dismissed.Appeal dismissed. *******