INDRA JEET Vs. STATE

JUDGEMENT

(1.) Indra Jeet has preferred this criminal appeal against the judgment and order dated 28-9-1978 passed by the IVth Addl. Sessions Judge, Sitapur, convicting the appellant under Section 302, I.P.C. and sentencing him to undergo R.I. for life. He further convicted the appellant under Section 201, I. P. C. and awarded a sentence of three years R.I. and a fine of Rs. 200.00. In case of default of payment of fine he ordered the appellant to further undergo R.I. for three months.

(2.) The prosecution story in brief is that there is a land in front of Ghari of Sohan Lal in which Sohan Lal used to tether his cattle. Indra Jeet accused had kept a hut to the west of the house of Sohan Lal and by andby he was encroaching upon the land towards cast of that hut. One day prior to the incident Indra Jeet accused was erecting Tatial at a distance of 20 paces from the Ghari of Sohan Lal. Ram Lal asked Indra Jeet not to erect any Tatial till the arrival of Sohn Lal. It is alleged that the next day i.e. 18-2-1976 at about 4.30 p.m. Indra Jeet was erecting Tatial by digging a Nali. Sohan Lal along with Ram Lal P.W. 1 reached there and asked him not to do so. At that time a Kudal was kept near a Neem tree and Indra Jeet was erecting Tatial. It is further alleged that his Kanta was lying near him. On the protest lodged by Sohan Lal Indra Jeet started abusing them and some altercation also took place between Indra Jeet and Sohan Lal. Sohan Lal thereafter tried to demolish Tatial and then it 'is' said that Indra Jeet picked up Kanta and gave one Kanta blow to Sohan Lal and ran away. Sohan Lal after receiving injury fell down but he was lifted and carried to his Ghari by the witnesses. At that time Sohan Lal was speaking properly but after some time be became unconscious. After arranging for a bullock cart and after arrival of Chaukidar Ram Lal along with the wife of Sohan Lal started for the police station Tambaur and lodged a report at 11.45 p.m. in the night. The F.I.R. is Ext.:Ka- 1. A case was registered and thereafter Sohan Lal was sent to Tambaur Hospital for medical examination and treatment. Sohan Lal was admitted in Tambaur Hospital at about 1 a.m. Unfortunately doctor was not present at the hospital and, therefore, Seedul Hasan Compounder gave medicine to Sohan Lal. The condition of Sohan Lal became serious, and finally Sohan Lal died at about 5 a.m. in Tambaur Hospital itself. The Compounder handover the dead body to the Supurdgi of Chaukidar and sent written information about the death of Sohan Lal to P. S. Tambaur, S. 1. Badri Prasad Tewari P.W. 12 reached the Tambaur hospital at about 6 a.m. and prepared inquest report Ext. Ka-7 of Sohan Lal as well as other papers in the hospital and thereafter handed over the dead body to Constable Mahesh Prasad Tewari for autopsy. It is alleged that due to arrival of the Superintendent of Police at about 11 p.m. the Investigating Officer remained at the police station up to 12.30 Hours and he reached the place of occurrence at about 3.10 hours. He prepared the site plan Ext. Ka-12 and recorded the statements of the witnesses. He also recovered samples of bloodstained and plain earth and Kudal which according to the prosecution case belonged to Indra Jeet accused. On 21-2-1976 he arrested Indra Jeet accused and thereafter at his pointing out recovered bloodstained Kanta from the eastern Ghari of Munna Darzi. The Kanta was recovered after digging earth. The Investigating Officer thereafter prepared site plan Ext, Ka- 17 and also sealed Kanta vide the memo Ext. Ka-6.

(3.) In support of its case the prosecution examined 17 witnesses. Out of them P.W. 1 Ram Lal, P.W. 6 Ramai, P.W. 7 Pyarey Lal and P.W. 8 Sripal are witnesses of fact. P.W. 2 is Dr. L. N. Varma who was Officer- In-Charge, Primary Health Centre, Tambaur. He conducted autopsy on the dead body of Sohan Lal and prepared the report which is Ext. Ka-2. The doctor found one incised, wound over top of skull. He further found bone of skull, left parietal bone cut along with parietal and frontal bone. He further found a triangular piece of right parietal bone cut. P.W. 4 is Constable Srikant Verma, who brought Sohan Lal to P.H.C. Tambaur and got him admitted there at 1 a. m. P.W. 5 Jugal Saran is the Constable who brought articles of this case from P. S. Tambaur to Sadar Malkeana. He thereafter deposited the same in the office of the Chief Medical Officer, Sitapur. P. W. 9 is Shambhu Dayal in whose presence Indra Jeet was arrested and thereafter Kanta was recovered at the pointing out of Indra Jeet. P.W. 10 is Manohar Lal, Head Constable of P. S. Tambaur, who registered the cage and thereafter made an entry in the General Diary. P.W. 11 is Bhabbu in whose presence the bloodstained as well as plain earth had been taken and sealed. P.W. 12 Badri Prasad Tewari, is the Investigating Officer. He conducted investigation and thereafter submitted charge sheet. P.W. 13 is Mahesh Prasad who brought the dead body of Sohan Lal to the Mortuary. P.W. 14 is Constable Raghunandan Prasad Pandey who brought special report from P. S. Tambaur to District Sitapur. P.W. 15 Jugal Saran Constable brought the bloodstained and plain earth, Kanta etc. from Sadar Malkhana to the office of the Chief Medical Officer, Sitapur - P.W. 16 is Om Prakash Srivastava who is Clerk in the office of the Chief Medical Officer. He stated that the articles were sent to Agra for chemical examination. P.W. 17 Paras Ram is the Constable Incharge of Sadar Malkhana. He proved the arrival and departure of the articles of this case.