RAMJI Vs. STATE

JUDGEMENT

(1.) RAMJI, son of Raghubar Dayal, aged about 45 years resident of Nagla Maya, hamlet of Balpura, Police Station Ghiror, District Mainpuri has filed this appeal against his conviction under section 302, IPC by Sri O. P. Saxena, learned Sessions Judge, Mainpuri on 8-11-1976 in Sessions Trial no. 341 of 1976 ; appellant was sentenced to imprisonment for life.

(2.) PROSECUTION story briefly stalled is that deceased Kunwarsen, aged about 45 years was a potter while appellant is Gusain ; both of them were co- villagers; it was on 23-4-1976 at about 5 or 6 P. M. while deceased and his son Basdeo, informant, PW 1, were thrashing mustard seed at the platform adjoining his house towards west that appellant approached the deceased and asked them to give some garlic ; deceased refused alleging that garlic was not his exclusive property but he was a share-cropper only ; appellant was vituperative; Kunwarsen deceased took an exception to the abuses; appellant held Kunwarsen by his arm and dragged him below the platform and took out knife Ext. 1 from the fold of his DHOTI and dealt a heavy blow on the chest of victim; pulling; out the knife from the wound, appellant ran towards north-west ; he was hotly chased, chastised, out numbered and over-powered by Basdeo, Ram Autar, PW 2 Jagdish, PW 3 Murari Lal, Panchhi, etc., he was taken to the place where Kunwarsen was lying injured; Kunwarsen succumbed to his injuries ; informant seized blood stained knife Ext 1 from the hand of appellant and tied him with a string and made him over in the custody of his co-villagers J report Ext. Ka 1 was dictated by informant to Shyam Singh ; he carried this report to police station Ghiror where it was made over in the same night at 11.10 p. m. ; the distance of police station from the scene of occurrence was about six miles. Head-constable Niwaz Singh prepared FIR Ext. Ka 3 on the basis of written report and registered the case in general diary vide Ext. Ka 5; blood-stained knife was also made over at police station by informant at the same time ; it was seized and sealed up vide memo Ext. Ka 5 in presence of Ram Autar, PW 2 and Gyan Singh ; writing of Niwaz Singh was proved by investigator Sri Sonelal PW 7, who was .acquainted with the same.

(3.) AUTOPSY was held on 25-4-1976 at; about 4.30 p. m. by Dr. S. S. Agarwal, PW 6, the then Medical Officer, district Hospital, Mainpuri; probable age of deceased was about 45 years ; probable time of death was about two days ; deceased was of average built ; rigor mortis had passed off from all over the body ; following ante- mortem injuries were detected on his person :