DINESH Vs. STATE

JUDGEMENT

(1.) Appellant-Dinesh and one Arjun Kumar (Arjun, for short) by the impugned judgment dated 1st May, 1999 were convicted for murder of Arjun's father, namely, Devi Ram. Arjun had also preferred an appeal against conviction, but he expired on 31st March, 2008 and the appeal filed by him has abated. Hence, we are only concerned with the conviction of Dinesh under Section 302 read with Section 34 of Indian Penal Code, 1860 (IPC, for short). By order on the point of sentence dated 3rd May, 1999, Dinesh has been sentenced to undergo imprisonment for life and pay fine of Rs.500/-.

(2.) The factum that Devi Ram, father of Arjun died a homicidal death and his body with multiple injuries was found on 9th January, 1993 at about 1.15 p.m. is not under challenge. On the said date and time Head Constable Sukhbir Singh, PW-4 received information from a wireless operator that a dead body was lying in the fields at Mundka, Hiren Poothana Road, Laghu Udyog Nagar. Information was recorded in DD No.11, Ex.PW4/A and handed over to SI Siri Ram, PW-29 for investigation. PW-29 reached the location along with Constable Raj Pal Singh and found dead body of a male aged about 60 years lying in the fields of Sukhbir Singh. The body had multiple injuries on nose, chin, throat and left arm which were probably caused by a sharp edged weapon. Residents of village Mundka, namely, Prithi Singh and Liak Ram, PW-1 and PW-2, respectively identified the dead body to be that of Devi Ram. Thereupon, DD Entry No.11A was recorded and "rukka" was sent for registration of the case and FIR No.13/1993, Ex.PW4/B under Section 302 IPC was registered at police station Nangloi. Rough site plan, Ex.PW29/A of the place was prepared by SI Siri Ram, PW-29 and photographs were taken by Rajbir Singh, PW-30. Evidence and material lying on the spot in the form of blood stained earth, sample earth, cap, blood stained cotton khes having cut marks, chappal, Kurta, Lungi, bunch of keys, etc. were seized vide seizure memos Ex.PW1/B to PW1/F.

(3.) Inquest proceedings concluded and on 10th January, 1993 post mortem on the dead body of Devi Ram was conducted by Dr. L.T. Ramani, PW-24. As per the testimony of PW-24 and the post mortem report (Ex.PW24/A), the deceased had multiple deep cuts/chopping wounds on the face, incised/chopping wound on the left side of forehead, four incised wounds over chin and submendibular areas involving mandible (lower jaw) and lower teeth which was broken, incised wound on the middle part of the neck, incised wound scalp deep on the right occipital region, chopping wound on the right elbow and inner aspect of fore arm with chipping fracture of lower end of right humorous bone and incised chopping wound on the left wrist. Internal examination showed gapping fracture of left frontal and parietal bone extending to the left lamboid suture, beneath external injury No.2. All the injuries were ante mortem and opined as caused by some heavy cutting weapon. Injuries over the skull and neck were sufficient in the ordinary course of nature to cause death. Death was due to hemorrhage and shock associated with cranio cerebral injury. Time since death as opined was 36 hours. We shall be referring to the testimony of PW-24 regarding the weapon of offence subsequently.