RAM BILAS Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment dated 11.10.1996 convicting the appellant under Section 302 IPC for committing the murder of Shiv Lal (hereinafter referred to as the deceased) and also the order on sentence dated 12.10.1996, vide which the appellant has been sentenced to undergo RI for life and to pay a fine of Rs. 2000/-, in default of payment to undergo further RI for a period of six months, under Section 302 IPC.

(2.) Briefly stated, the case of the prosecution is that on 5.4.91 at around 9.15 pm, the appellant Ram Bilas went to the Police Station Kalkaji and stated that he was residing in the house of one Birhma at H. No. 1338, Gali No. 8, Govindpuri and that Shiv Lal, father-in-law of Birhma also lived there. He stated that Birhma and Shiv Lal wanted him to vacate the house, regarding which he had a quarrel with Shiv Lal and stabbed him. He informed that the body of the deceased was lying in the house at the place of occurrence. The said information was recorded vide DD No. 16A (Ex.PW9/A) by PW5A, ASI Hari Prakash. Copy of the DD report was given to the SHO O.P. Swami and the SHO, alongwith the appellant left the police station and reached the spot of occurrence, where other Police Officers, including SI Ishwar Singh, PW 8 had already reached. Dead body of the deceased was found on the sofa in the room on first floor. The SHO made his endorsement Ex.PW8/A on the DD No. 16A and sent the rukka to the Police Station through Constable Surinder for the registration of the case. He prepared the site plan Ex.PW 9/B and got the spot of occurrence photographed. He also seized from the spot a blood stained sofa set vide memo Ex.PW 1/A and also lifted blood from the spot in a vial. On interrogation, the appellant made a disclosure Ex. PW1/B, pursuant to which he got recovered his bloodstained pant Ex.P2 and a bloodstained banian Ex.P3. The appellant also got recovered a knife Ex. P1 after taking out the same from a nala and the said knife was taken into possession vide memo Ex. PW1/E.

(3.) The Investigating Officer conducted the inquest proceedings and sent the body of the deceased for post mortem examination. The post mortem was conducted by Dr. M.S. Sagar, PW7, on 06.04.94 and he found multiple abrasions and contusions on the body of the deceased, besides a stab wound which was sufficient to cause death in the ordinary course of nature. He opined that the cause of death was shock as a result of multiple ante mortem injuries.