KHUSHALI Vs. STATE

JUDGEMENT

(1.) Khushali has preferred this appeal against his conviction and sentence u/S. 302 read with S. 34, IPC to life imprisonment passed by Sri V. V. Singh, the then Addl. Sessions Judge, Aligarh by his judgment dated 6-10-1979.

(2.) Prosecution case in brief is that the appellant Khushali was wanted in a dacoity case and he was absconding, hence under S. 87/88, Cr. P.C. his belongings were attached and given in the Supurdgi of deceased Narain who was a distant uncle of appellant Khushali. Smt. Jaidevi wife of Teja, after her husband's death she had developed illicit intimacy with Narain deceased, who also used to cultivate the land of Smt. Jaidevi. Hence Khushali bore ill will towards the deceased which was further bolstered when his belongings after attachment were taken in his supurdgi by Narain deceased. It is said that the appellant had sent threats to Narain to return his goods to him otherwise he would teach him a lesson. The incident is alleged to have taken place on 18-12-1964 at about 5 a.m. in the town of Khair District Aligarh. According to the prosecution Smt. Jaidevi and Khushali approached the house of Narain and knocked the door and on Smt. Jaidevi asking the deceased to open the door, the same was opened and Narain came out with a burning earthen lamp in his hand, immediately thereupon Khushali is alleged to have inflicted knife injuries to Narain. On hearing the alarm raised by the deceased his brother Luxman, Bhudeo and Gowardhan neighbours arrived. Ramji Lal, village Chaukidar as well as Farid Khan also arrived. On seeing the witnesses Khushali made good his escape, while Smt. Jaidevi was apprehended on the spot. Immediately thereafter FIR of the occurrence was lodged by Luxman at 5-30 a.m. at P.S. Khair at a distance of about three furlongs, on the basis of which case u/S. 307 IPC against Khushali and Jaidevi was registered. The injured was taken to the hospital where his injuries were examined by Dr. R. C. Vedi at 6 a.m. and he noted the following injuries on his person :-

(3.) Dr. Vedi had also informed the police and requested the Tehsildar to record the dying declaration through letter (Ex. Ka-24), but he was not available, hence he himself recorded the statement (Ex. Ka-25) of Narain, who subsequently succumbed to his injuries when he was sent to Aligarh Hospital in the way. On receipt of information of the death at P. S. Kotwali at 11 a.m. S.I. Ram Charan Singh reached bus stand and prepared the inquest report. His dead-body was sent for post-mortem and Dr. K. C. Dubal on 18-12-1964 had done the autopsy, prepared the postmortem report (Ex. Ka-26) and noted as follows : Ante- mortem Injuries: