RAM DHAN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has arisen out of conviction dated 17.8.1977 recorded by Sessions Judge, Allahabad, who sentenced Ram Dhan appellant to life imprisonment under section 302 of the Indian Penal Code.

(2.) The occurrence is said to have taken place in the night between 24/25.9.1976 at about 0.30 hours in the Abadi of village Dubawal, police station Sarai Inayat Khan, District Allahabad. The F.I.R. of the case was lodged by P.W. 1 Raj Mani on 25.9.1976 at 6.05 A.M. The police station is situated at a distance of about 9 Kms. from the place of occurrence. It is said that appellant Ram Dhan had illicit relations with the wife of deceased Lal Mani, who was the brother of P.W. 1 RajMani. 2-3 days prior to the occurrence, Lal Mani had rebuked the appellant due to which during the night of 24/25.9.1976 at about 12.30 hours, the appellant armed with Gandasa committed murder of Lal Mani who was at that time sleeping in his Osara in front of which a lantern was giving light. P.W. 1 Lal Mani and his brother-in-law P.W. 6 Shiv Ram who were sleeping nearby got awakened on account of shrieks of Lal Mani deceased, which also attracted P.W. 4 Udai and P.W.5 Chhotai, who came with their torches. They saw Ram Dhan appellant coming out of the Osara of Lal Mani who was armed with blood stained Gandasa. The appellant after threatening the witnesses ran away towards east. Lal Mani was found gasping with the injuries and was bleeding profusely.Lal Mani was immediately carried on a cot to Kotwa, Primary Health Centre, where P.W. 2 Dr. B.K. Srivastava at about 3.40 A.M. declared him dead. He immediately sent a memo to S.I. Incharge of police Station Sarai Inayat about this fact. P.W. 1 Raj Mani wrote the F.I.R. at PHC and went to the police station, where it was lodged on 25.9.1976 at 6.05 a.m. in the presence of P.W. 8 SI Malkhan Singh. Head Constable Shiv Kumar Singh, registered the case at 6.10 a.m. Memo of D.r. B.K. Srivastava was also received at the police station, which was entered in the G.D. P.W.8 SI Malkhan Singh immediately took up the investigation of the case and interrogated P.W. 1 Raj Mani at the police station. He alongwith other police men reached the PHC Kotwa, where inquest report etc. were prepared and Dr. B.K. Srivastava was also interrogated. He also recovered blood stained ANGAUCHHA from the cot on which the deceased was brought to PHC. He thereafter reached the village and interrogated the eye witnesses who have been examined by the prosecution. He also inspected the torches of the witnesses. He collected samples of blood stains and simple earth from the spot and also collected the sample of blood stained BAN of the cot, on which Lal Mani was murdered. He also took into his possession blood stained Tahmad of the deceased. He also prepared Fard of Lantern, which was giving light in front of Osara at the time of occurrence. A site plan was prepared by him. The Chemical Examiner has reported human blood on the samples of BAN and blood stained earth.

(3.) P.W.3 Dr. J.N. Bajpai had conducted the post mortem examination on 26.9.1976 at 9.30 p.m. He found one ante mortem injury, which was an incised wound 7 1/2 x 1 x 2 1/2 on the left side of face horizontally situated extending from the left side of occipital bone passing under the lobule of left ear and reaching up to the left nostril. The occipital bone was cut on the left side and all the structures below the wound were cut. The mandible was cut. Teeth were cut and blood vessels were cut. The margins of the wound were clean cut and tapering at the end. In the opinion of Dr. Bajpai, Lal Mani had died on account of the aforesaid injury which has been caused at the time alleged by the prosecution and it could be inflicted by GANDASA which was sufficient in ordinary course of nature to cause death. He also stated that after sustaining such an injury the injured could die within 2 to 4 hours.