SATYA NARAIN ALIAS SATPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal against the judgment dated 8. 7. 1994 passed by the Additional Sessions Judge No. 2, Hanumangarh convicting the appellant for offence under Sec. 302, I. P. C. and sentenced to imprisonment for life was heard by the Division Bench consisting of Hon'ble Justice V. G. Palshikar and Hon'ble Justice R. R. Yadav. As both the Hon'ble Judges differed in their opinion, in accordance with the provisions of Rule 61a of the Rules of the High Court of Judicature for Rajasthan, 1952 as per the directions of Hon'ble the Chief Justice, this appeal has been placed before me.

(2.) THE prosecution case as disclosed during the trial is as follows. THE appellant Satya Narain @ Satpal was an exorcist and fortune teller in village Pukkabhadwa, District Hanumangarh. People used to visit him either for fortune telling or for exorcism. On 8. 10. 90 at the time of sunset deceased Balram and P. W. 6 Moduram went to the house of the appellant to know about their future and about the evil soul troubling the wife of Balram. It is alleged that accused Satya Narain and his wife Mst. Guddi asked them to bring a bottle of liquor for the sake of offering it to Karnimata as a part of ritual for Akha Dikhana i. e. for future telling. Accordingly, the deceased Balram went out to bring a bottle of liquor as offering to the deity. THE deceased brought two bottles of liquor. THE liquor was offered to the photo of Karnimata kept in the temple. THEreafter the appellant asked all of them present there to drink liquor as prasad. Accordingly, the liquor was consumed by all present in the house except co- accused Mst. Guddi, wife of the appellant. After consuming liquor as prasad of Karnimata the appellant and two other co-accused persons, namely, Mst. Guddi and Kalu, tied hands and feet of P. W. 6 Moduram and Balram by ropes. THE accused persons assaulted deceased Balram and P. W. 6 Moduram. THE appellant was armed with an iron rod whereas co-accused Kaluram was armed with lathi and Smt. Guddi with wooden pitta used for washing cloths. It is also alleged that the appellant struck iron rod on the head of the deceased Balram and also twisted his neck due to which he died. While Balram was being beaten he tried to scream but he was prevented to do so by pressing his neck. P. W. 6 Moduram raised voice to attract the people of the vicinity to interfere on which the accused persons forcibly pushed cotton in his mouth. P. W. 9 Mst. Savitri Devi and P. W. 7 Om Prakash, both wife and son respectively of P. W. 6 Moduram came to know about the beating from P. W. 4 Bhanwara Ram. THEy rushed to the house of the appellant to save him. When P. W. 7 Om Prakash and P. W. 9 Mst. Savitri Devi reached the house of the accused appellant they found the room closed where the beating was being administered by the accused persons to deceased Balram and P. W. 6 Moduram. THE door was opened by Om Prakash and Smt. Savitri Devi. THEy found deceased Balram and Moduram tied with ropes. THEy made a request to the appellant and two other co-accused persons to stop beating and to release them, but they refused to concede their request. On the contrary both the witnesses were threatened that they will be killed if they do not leave the place. Both of them left the place but soon returned with P. W. 10 Ramjas. All the accused persons again refused to stop beating and release P. W. 6 Moduram and deceased Balram. It is stated that the accused persons carried P. W. 6 Moduram to his house and dumped him there. Moduram gave information of the incident to P. W. 1 Kishan Lal, the Sarpanch of the village. THE Sarpanch went to the house of accused Kaluram and inquired about Balram. THEy were told that the appellant had dropped the dead body of Balram in the field of Surjeet Singh. THE body of deceased Balram was recovered from the field of Surjeet Singh. On 9. 10. 90 P. W. 5 Bishna Ram and P. W. 3 Triloka Ram went to P. W. 14 Bhagiram, the brother of the deceased Balram and narrated the incident. On 10. 10. 90 at about 12. 15 P. M. P. W. 14 Bhagiram submitted a written report Ex. P/20 at Police Station, Hanumangarh Junction. On the basis of the said report FIR Ex. P/21 was registered for offence under Sections 302, 307 read with 34, I. P. C. THE police prepared the inquest and sent the dead body of Balram for post-mortem. Moduram was also medically examined. P. W. 11 Dr. Rajendra Kumar Gupta conducted the post- mortem of the dead body of Balram and prepared the post-mortem report Ex. P/18. He found the following injuries on his person: 1. Right temporal bone fractured. 2. Spinal cord and cervical region lacerated. 3. 4th & 5th cervical vertebra dislocated. 4. Extraden haematoma right parietal region and region 2" x 5" THE post mortem report shows that the face of the deceased was swollen, salvia secreted by saliary glands mixed with blood was oozing from his nose, testicles were found to be swollen, 4th and 5th cervical vertebral bones were found to be fractured and spinal cord was lacerated. On opening the skull the doctor found that the right parietal temporal bone was fractured. THE injuries were found to be ante mortem. THE doctor opined that each injury separately and in cumulative effect was sufficient in the ordinary course of nature to cause death. P. W. 11 Dr. Rajendra Kumar also examined the injuries on the person of P. W. 6 Moduram and prepared the injury report Ex. P/19 showing the following injuries: 1. Bruise and Abrasion 1 1/2" x 1/2" left cheek 2. M. Bruise and swelling left upper arm. 3. M. Bruise on the back of the chest. Both sides of abdomen. 4. Swelling and bruise on the left scrotem. 5. Swelling and bruise on right fore arm upper 3/4th portion. 6. Abrasion 3 1/2" x 1/4" on the right hand. 7. Abrasion 3" x 1/8" right forearm posterior upper half. 8. Abrasion 3/4" x 1/8' right hand posterior. 9. Abrasion 2" x 3/8" right arm lateral upper 1/2. 10. Swelling 1"x1" occipital region. 11. Swelling and slight laceration 1" x 1" on the right parietal region. 12. Bruise 6" x 4" life Iliac region. 13. Bruise 6" x 6" Left thigh lateral posterior upper half. 14. Abrasion 3" x 1/8" left thigh posterior. 15. Swelling and bruise on left leg middle 1/3 part. 16. Abrasion 1" x 3/8" right leg ant. upper 1/3. 17 Abrasion 3/4" x 3/8" right leg post. middle 18. Bruise and swelling right genital region & right thigh upper 1/4th. 19. Bruise and laceration on lower lip. THE appellant Satya Narain was arrested on 25. 10. 90 vide Ex. P/22. In pursuance of his information the iron rod was recovered vide Ex. P/7. In pursuance of the information given by accused Satya Narain the blood stained rope and a writ watch were also recovered. THE incriminating articles were sent for chemical analysis. After usual investigation the police laid charge-sheet against the appellant Satya Narain and two other accused persons, namely Kaluram and Mst. Guddi for offence under Sec. 302, 307/34 and 201, I. P. C.

(3.) IN the scheme of Penal Code culpable homicide is genus and murder is species. All murders are culpable homicide but all culpable homicides are not murder. Sec. 299, I. P. C. defines what is culpable homicide. To fall under the definition of culpable homicide u/s. 299, the act of the accused should cause death and it must be. (a) with intention of causing death, or (b) with intention of causing such bodily injury as or is likely to cause death, or (c) with the knowledge that the act is likely to cause death. Under Sec. 300, IPC except in the cases falling under exception (1) to exception (5) culpable homicide is murder if the act by which the death is caused is shown- Firstly, With the intention of causing death, Secondly, if it is done with intention of causing such bodily injury as the offender know to be likely to cause death. Thirdly, if it is done with the intention of causing bodily injury and such injury intended to be inflicted is sufficient in the ordinary course of nature to cause death. Fourthly, the act is so imminently dangerous that it must in all probability cause death or such bodily injury as is likely to cause death.