RAJ KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appel has been preferred by the accused-appellant Raj Kumar against the judgment and order dated 15-5-1998 passed by Sri R.S. Gupta, the then Special Judge (DDA), Orai in Sessions Trial No. 154 of 1990. He has been convicted under Sections 302 and 404, I.P.C. Under Section 302, I.P.C. he has been sentenced to life imprisonment and a fine of Rs.2000.00. In default of payment of fine, he has to undergo further simple imprisonment for two years. Under Section 404, I.P.C. he has been sentenced to two years' rigorous imprisonment and to pay a fine of Rs.5000.00. In default of payment of fine, he has to undergo further simple imprisonment for six month. Substantive sentences of imprisonment have been ordered to run concurrently.

(2.) The accused-appellant Raj Kumar allegedly committed the murder of his own mother Smt. Ram Kunwar in between the night of 4/5-8-89 at their house in Village Dharguwan, P.S. Kotwali, District Orai. The report was lodged on 5-8-1989 at 10.20 a.m. at the concerned police station by his father Prakash Chandra Shukla. The distance of the police station from the place of occurrence was 4 kms. The case as per the F.I.R. and evidence adduced in the Court is that in between the fateful night the informant, his son Raj Kumar and another son Vansh Kumar were sleeping on the ground floor where as the victim was sleeping up stairs on the proof. At about mid night, the informant heard the shrieks of his wife. He and his son Vansh Kumar reached the roof by stains and saw the accused-appellant Raj Kumar giving blows to the victim on her neck by a Khurpi (used to scrap grass). He and Vansh Kumar accosted him. At that time, the accused appellant had also slung a gun on his shoulder . He (Raj Kumar) threatened both of them, saying that he would shoot them. He also took off jewellery from the person of his mother (victim) but some items could not be taken off by him. He came down with blood stained Khurpi and the gun, kept the Khurpi on the windowsill and went away from the house. The victim (mother of accused) died instantaneously. It was also mentioned in the F.I.R. that there was land in the name of the deceased and that was the cause for which the accused-appellant murdered his mother. The evidence delivered by PW 1 Prakash Chandra is also to the effect that the accused-appellant was of profligate habits and addicted to wine and gambling. He used to demand money from his mother for gambling. He had squandered away jewellery of his own wife also in his such pursuits. A day earlier also, he had quarreled with his mother demanding money in his presence and had even threatened her.

(3.) Lodging of F.I.R. resulted in register of the case and investigation followed. PW 4 Jugendra Singh and PW 5 Balveer Singh are associated with the investigation of the case. The post mortem over the dead body of the deceased was conducted by PW 3 Dr. H.D. Verma on 6-8-1989 at 1.00 p.m. She was aged about 65 years and about 11/2 day had passed since she died. The following ante -mortem injuries were found on her person:- 1. Incised wound 14 cm x 3 cm x bone deep on the right side of neck, edges clear cut and everted, upper border touching the lower border of mandible bone of face on right side, medical border touching the thyroid bone and lateral border towards the vertebral column. 2. Incised wound 9 cm x 2.5 cm x bone deep on right side of neck, margins clear cut and everted, about 1 cm away from Injury No. 1, parallel to Injury No. 1 with fracture of Tracheal rings. 3. Incised wound 3 cm x 1 cm muscle deep on right side of neck which is just adjacent to Injury No. 2, edges clear cut and everted; 4. Incised wound 2.5 cm x 1 cm x muscle deep on right side of neck which is about 1.5 cm away from Injury No. 2, edges clear cut and everted. 5. Incised wound 4 cm x 2 cm x muscle deep on the front of neck at the gap between external bone and trachea. 6. Abrasion 5 cm x 2 cm on the right supra clavicular region of front of chest on right side.