KISHNA MATU RAM Vs. STATE

JUDGEMENT

(1.) KISHNA has appealed from his conviction under Section 302, Indian Penal Code, and the sentence of death recorded by the learned Sessions Judge, Ambala, on 29th of September 1966. The matter is also before us for confirmation of the death sentence.

(2.) KISHNA, who is about 30, according to the prosecution, inflicted a stab injury on sham Lal, a young lad of 19, resulting in his death a few hours after midnight in the early morning of 12th of June 1964, in the house of Jhandu Ram Balmiki in rampura Colony, a suburb of Yamuna Nagar Town. The deceased is a son of jhandu Ram whose daughter Shimla was married to the appellant about 8 or 9 years ago. Shimla resided with the appellant for only a few months and had to be Drought back by her parents because of his being a "professional thief and a vagabond". Later, Shimla was married to Banwari son of Manglu in a village in saharanpur district. Kishna naturally felt aggrieved and wreaked his vengeance by abducting Kamla, sister of Shimla, aged 9 or 10 years. This affront did not go unpunished and Kishna appellant was sentenced to a term of one year rigorous imprisonment and a fine by the order of the Magistrate passed on 20th of Tune 1963. This sentence passed on the appellant under Section 363, Indian Penal code, was due to expire after allowing remission on 11th of June 1964. It is not a matter of dispute that Kishna appellant was released from the Central Jail, ambala, on the forenoon of 11th of June 1964. 2. It seems that the appellant was still harbouring resentment against the family of his wife Shimla who had been taken away from him by her parents. After midnight of 12th of June 1964, at about 1-30 a. m. , a little more than 12 hours after his release from jail, he came to the house of Jhandu Ram in Rampura colony of Yamuna Nagar Town. Jhandu Ram and his young son Sham Lal were sleeping on the same cot in front of their house, while Gaindi, wife of Jhandu Ram, was sleeping on another cot nearby. Kishna thrust a chhuri in the abdomen of sham Lal who gave a shriek. This aroused Jhandu Ram. The appellant immediately took out the knife from the abdomen of Sham Lal and blood was gushing out and actually fell on the clothes of Jhandu Ram. An alarm was raised but Kishna also threatened to kill Jhandu Ram. A lantern was burning as on account of some abdominal trouble Gaindi had to go to the latrine frequently that night. Gaindi was also aroused and she saw the appellant as well. The alarm of Jhandu Ram brought the neighbours Paras Ram and Hari Ram to the scene of occurrence. It may be mentioned that Kishna appellant, after giving the fatal blow to Sham Lal, ran in the direction of the houses of Paras Ram and Hari Ram Jhandu Ram found that his son had been killed and thereafter he, Paras Ram and Hari Ram tried to pursue kishna but he disappeared in the jungle, which is at a distance of a few feet from the Rampura Colony. The appellant was not traced. According to Jhandu Ram, he had no difficulty in identifying Kishna by the light of lantern which was burning. Kishna was seen with the chhuri which he dropped on the spot.

(3.) THE first information report was lodged by Jhandu Ram at Yamuna Nagar Police station, which is at a distance of one mile from the scene of occurrence, without any delay. Jaswant Singh, Station House Officer, who recorded the report at 2-30 a. m. reached the house of Jhandu Ram at 3-0 a. m. where the dead body of Sham lal was lying. The inquest report, Exhibit P. H. was prepared and it was noted therein that at the place marked No. 3 or a bamboo the lantern was found burning. This lantern was taken into possession, vide memo, of recovery Exhibit P. G. , in presence of Munshi Ram and Chiranji Lal, both residents of Rampura Colony. Sham Lal's dead body was sent for post-mortem to the doctor before whom it was identified by Jhandu Ram. Dr. Bhandari found an incised stab wound l"x 3/8" deep in the abdominal cavity and cutting abdominal aorta. Death, in the opinion of the doctor must have taken place a few minutes after the infliction of the injury. The wound could have been caused by a weapon like the chhuri Exhibit P. 1, which was also taken into possession by the investigating officer. The gadda on the cot was taken into possession and was found to be bloodstained. The shirt and dhoti of jhandu Ram which were found to be bloodstained were also taken into possession as also the bloodstained earth from near the scene of occurrence.