BHAVI RAM Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the Judgment of Mr. S.M. Aggarwal, Additional Sessions Judge, dated 14th March 1984 convicting the appellant of the offence under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to the payment of a sum of Rs. 500.00 as fine. In default of payment of fine the appellant was sentenced to undergo further rigorous imprisonment for one year.

(2.) The facts arc few and they are as follows. Complainant in the case is one Kharak Bahadur, resident of Nepal, who on the date of the incident which is. 4th January 1982 was working in Delhi and was residing at E-8, Railway Quarters, Patel Nagar, Man Singh had come to see him and his nephews Bahadur and Dil Bahadur who were staying with. The prosecution case is that they left for Kirti Nagar to see one Nar Bahadur working at 9/56 Cental Woolen Mills, Kirti Nagar Industrial Area. It is said that when they reached near the Jhuggies find Creprsee Floor Mill, they noticed the appellant Bhavi Ram together with his accomplice Bal Babadur Rana, proclaimed offender now and with whom we are not concerned, standing near the Jhuggis. On seeing Kharak Bahadur Bhavi Ram is stated to have called him whereupon he and Dil Bahadur deceased came near him Public Witness s Man Singh, and Bamb Bahadur remained at a distance. Bhavi Ram is stated have protested to Kharak Bahadur for having was abducted his wife about six months earlier and he expressed a grievance that Kharak Bahadur as persisting in paying visits to his place. Kharak Bahadur thereupon tried to put him off by saying that his wife had voluntarily Joined him and that he had sent her back after a couple of days. It is as this stage that the proclaimed offender Bal Bahadur Rana is stated to have caught hold of Kharak Bahadur by his neck and when the deceased Dil Bahadur rushed forward to rescue Kharak Bahadur, the appellant Bhavi Ram is stated to have proclaimed that they deal with the deceased Dil Bahadur first. Immediately, thereafter he is stated to have dealt two or three blows on the head of Dil Bahadur with a small lathi which he was holding in his right hand. Meanwhile, Bal Bahadur, the proclaimed offender, is said to have left Kharak Bahadur and caught hold of the deceased. Dil Bahadur deceased, however, on receiving the fatal blow bleeded profusely from his headnd fell on the ground He is said to have died on the spot. In the meanwhile, Man Singh was sent to inform the police and the appellant together with his accomplice were overpowered by Bomb Bahadur and Kharak Bahadur. At the instance of Man Singh a D.D. report No. 78-B (Ex Public Witness 7/A) which was recorded on a telephonic message given by Man Singh at 7.30 P.M. on 4th January 1982 came to be recorded at police station Moti Nagar. This was handed over to Sub-Inspector Dalip Singh who came on the spot. took possession of the accused as well as the weapon of the offence. He also took into possession some blood, blood asked earth and control earth and secured and sealed all these exhibits properly. He also conducted the inquest of the deceased at the spot and referred the dead body of the deceased Dil Bahadur to the mortuary of the police hospital where it was received along with the papers at 4.30 a.m. on the night intervening 4th/5th January 1983.

(3.) The post-mortem was conducted by Dr Bharat Singh who noticed two injuries on the person of the deceased which he opined to be antemortem. He further opined that injury No. I was sufficient to cause death in the ordinary course of nature, and death was due to coma resulting from head injuries. He was further of the opinion that the lathi seized could cause the injuries noticed on the person of the deceased. We may notice the two injuries sustained by the deceased which are as follows :