JHAGARU Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of criminal Procedure, 1973 (hereinafter referred as Cr. P. C.) is directed against the judgment and order dated 11-9-1996, passed by learned II Additional Sessions judge, Nainital, in Sessions Trial No. 229 of 1995, whereby accused/appellant jhagaru, is convicted under Section 302 of indian Penal Code, 1860 (hereinafter referred as I. P. C.), and sentenced to imprisonment for life.

(2.) HEARD learned counsel for the parties and perused the lower Court record.

(3.) PROSECUTION story in brief is that accused/appellant jhagaru, had enmity with arjun Prasad (deceased) due to election rivalry of Village pradhan. On 27-1-1995, at about 7. 00 p. m. , when Arjun Prasad (deceased) was returning froma flour mill, in village Khalariya, accused/appellant jhagaru, armed with a sharp edged weapon with his father accused Vishwanath and associate Rajesh Kumar, both armed with lathi, surrounded him (Arjun Prasad ). They dragged him and assaulted him. On hearing shouts, P. W. 1 Nakul, who was sitting on a culvert near Sharda Sagar BANDH (Dam) with P. W. 2 Ram Lochan and P. W. 3 ramagya, ran towards the place of incident and saw the accused/appellant Jhagaru assaulting the deceased. The injured Arjun prasad fell down after receiving injuries. Accused/appellant Jhagaru, along with his two associates after causing injuries on person of arjun Prasad, ran away. The three witnesses, took the injured Arjun Prasad to the nearest Government Hospital, at khatima, where he was declared brought dead. Thereafter, at 9. 45 p. m. , on the same day (27-1-1995), P. W. 1 Nakul, lodged First information Report (Ext. A-1) at police station Khatima, against accused/appellant jhagaru and other two accused Vishwanant and Rajesh Kumar. On the basis of said report, crime No. 22 of 1995, was registered against three accused namely, Jhagaru (appellant), Vishwanath and Rajesh Kumar, relating to offence punishable under section 302, I. P. C. P. W. 6 Sub-Inspector Om pal Singh, took up the investigation. On the next day i. e. 28-1 -1995, in early hours, dead body of the deceased lying in the hospital, was taken by police in their possession, and inquest report (Ext. A-6) was prepared. Police also prepared simultaneously the sketch (Ext. A-9) of the dead body, police form No. 13 (Ext. A-7), letter (Ext. A-8) to the Chief medical Officer, Pilibhit (nearest adjoining district Headquarter), requesting him for post mortem examination. The post mortem examination was conducted by P. W. 4 Dr. Kripal Singh, at 3. 30 p. m. on 28-1-1995, who recorded as many as 14 ante mortem injuries, which included 11 incised wounds, and prepared autopsy report (Ext. A-2 ). The medical Officer opined that the deceased had died on account of shock and haemorrhage due to ante mortem injuries. Meanwhile, the investigation was transferred to P. W. 7 incharge Inspector Sultan Singh, who went to the spot, prepared site plan (Ext. A-14)and interrogated the witnesses. He also took the lanterns (in the light of which the witnesses had seen the incident) and prepared memorandum (Ext. A-16) after giving back the lanterns to their owners. Also, during the investigation, from the place of incident simple soil and blood stained soil was collected by the Investigating Officer, who prepared memorandum (Ext. A-15 ). On completion of the investigation, the police submitted charge sheet (Ext. A-17) against all the three accused namely accused/appellant jhagaru and other two accused vishwananth and Rajesh Kumar for their trial in respect of offence punishable under section 302, I. P. C. Also, report (Ext. A-26)was received from Forensic Laboratory in which it was reported that blood stained soil (taken from the spot) and the clothes of the deceased, sent in sealed cover, contained human blood.