BALRAJ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant-accused Balraj, against the judgment and order dated 19/08/1991 passed by the learned Special Judge (Additional District and Sessions Judge), Nainital, convicting him under S. 302, IPC and awarding him death sentence thereunder and further convicting him under S. 307, IPC and sentencing him to 7 years rigorous imprisonment thereunder, in Session Trial No. 202 of 1983 (State v. Balraj).

(2.) The prosecution case briefly stated is as follows : Smt. Laxmi Devi (P.W. 2) along with her son Buddh Jyoti and daughters, named, Km. Renu, Km. Chandrawati and Km. Deep Mala was present at her house on 13/02/1988. In the evening at about 7-30 p.m. her husband's brother (Devar), the accused-appellant Balraj came to her with a Garasa in his hand and assaulted her with the Garasa and expressed that you wanted to kill him, he will finish them all that day and thereafter he started assaulting her son Buddh Jyoti, aged about 13 months, Km. Renu, aged about 4 years, Km. Chandrawati, aged about 11 years and Km. Deep Mala, aged about 8 years. He also assaulted her (Smt. Laxmi Devi, P.W. 2). Consequently she became unconscious, having received Gandasa injuries. She was taken to Sitarganj hospital from where she was taken to Haldwani hospital. She was ultimately sent to Lucknow hospital for treatment. Her son Buddh Jyoti, daughter Km. Renu, husband Tej Pal and Bhante Baba died. It is further alleged that Smt. Laxmi Devi (P.W. 2) had identified and recognised the accused-appellant in the electric light. It is further alleged that on 13/02/1983 at 7-30 p.m. a telephonic message was received at the police station Sitarganj to the effect that an injured man was lying near the Post Office Sitarganj and another injured man was lying almost dead near a culvert of a canal. The then Inspector Ram Autar Singh (P.W. 7) enquired the name and address of the person conveying the said message, but the telephone wire got disrupted in the meantime. He however made a note to that effect in the general diary, an extract of which is Ext. Ka-5. Thereafter he (Ram Autar Singh P.W. 7) along with other police officials visited the place by a Jeep. There was a great crowd of people there. He found an injured man lying there and on enquiry he came to know that the name of that injured man was Tejpal. He found another injured man lying near the said culvert and came to know on enquiry that his name was Bhante Baba. He also learnt that Bhante Baba was living at the house of Tejpal. Ram Autar Singh (P.W. 7) also visited the nearby house of Tejpal. The doors of that house were closed. He made calls with a view to get the door opened, but to no effect. Then he opened the door and went inside the house along with public witnesses, named, Ramrakha Singh, Ram Asrey, Bharadwaj and Ram Pal Singh and found Km. Deep Mala and Km. Chandrawati lying unconscious near the Chhappar of Tejpal. Blood was oozing out profusely. Smt. Laxmi Devi alias Lachhoo (P.W. 2) and an year old boy Buddh Jyoti were lying injured on a cot and Km. Renu was lying injured on another cot. These two cots were quite close to each other. Since all the injured were in the state of unconsciousness and their injuries were serious in nature, they were sent to the hospital. The then Sub-Inspector R. S. Rawat accompanied them to the hospital. R. S. Rawat returned after some time and informed that Tejpal and Buddh Jyoti died while reaching Sitarganj Hospital. Ram Autar Singh (P.W. 7) got a report Ext. Ka-6 written by K. R. Sagar, on his dictation about this episode. On that basis a Chik Report Ext. Ka-7 was prepared and a case was registered in the general diary, an extract of which is Ext. Ka-9. The investigation into the case was entrusted to the then Sub-Inspector K. R. Sagar. He took into his custody the blood stained earth and plain earth from the place where Tejpal was lying and prepared a Fard Ext. Ka-2 in respect of the same. It is further alleged that on 19/02/1988 an information was received through an informer in village Sishiya to the effect that the accused Balraj could be available at the residence of his relatives in Bareilly, Sambhal or Moradabad. On that information Ram Autar Singh (P.W. 7) along with Sub-Inspector K. R. Sagar and certain other police officials went to the Police station Baradari by a Jeep from where he took with him Inspector Surendra Singh, Sub-Inspector Vinod Kumar and searched for the accused appellant Balraj. In the meantime it came to be known to him through an informer in Mohalla Katra Chand Khan that the accused Balraj was going near Baljatti School. Consequently he reached near the said School along with the informer and arrested the accused-appellant Balraj there. He told him (Ram Autar Singh P.W. 7) that he would get the Garasa recovered. A Fard ext. Ka-9 to that effect was prepared. The police party along with the accused Balraj came back to Sitarganj by a Jeep and procured the public witnesses Shaukat Ali and Sohan from Amaria Chauraha, Sitarganj. The accused gave indication to the driver to start the Jeep. Consequently he started the Jeep and ultimately reached a canal near Nakatpura. Getting down from the Jeep, the accused proceeded ahead of all others and gave the Garasa material Ext. Ka-4 taking it out from the bushes and shrubs and told that it was used in the commission of the alleged offence. A Fard Ext. Ka-1 to that effect was prepared.

(3.) Dr. N. S. Katyal (P.W. 1) conducted the post-mortem examination on the dead body of Tejpal on 14/02/1988 at 12-15 p.m. and the following ante mortem injuries thereon : (1) Incised wound 8 cm x 1.5 cm x bone deep on forehead towards top of head. Vendrations arms. Margins are sharp. 6 cm above just of nose. (2) Incised wound 6 cm x 1.5 cm x bone deep on top of the head towards Lt. parietal side of head 5 cm above front of nose and 3 cm away from Lt. ear. Margins are sharp Traumatic to direction. (3) Incised wound 8 cm x 1.5 cm x bone deep on Lt. side of head 6 cm above Lt ear. Transverse in direction margin are sharp 1.5 cm below injury No. 2. (4) Incised wound 8 cm x 1.5 cm x bone deep Rt. side of head 7 cm above Rt. ear only oblique in direction. Margin sharp. (5) Incised wound 9 cm x 1.5 cm x bone deep on mastoid region side of head. Extending up to Rt. ear. 8 cm below injury No. 4 Margins are sharp transverse in direction. (6) Incised wound 6 cm x 1.5 cm x bone deep on back of Head occipital region. 8 cm away from injury No. 5.