SATYA NARAIN ALIAS KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenged is appellant's conviction and sentence (a) for the offence of S.302 life imprisonment with fine Rs.2,000.00, (b) S.342 six months' simple imprisonment with fine Rs.500.00 recorded vide judgment dated 7/10/2003 in Sessions Case No.31/02 before the Court of Additional Sessions Judge, Sri Ganganagar.

(2.) According to prosecution at 1.15 a.m. on 22.9.02, (i.e. intervening night of January 21st and 22nd ), Laxman Das PW 1 with his sister's husband Mohan Lal PW 9, arriving at police station, Purani Abadi, Ganganagar, informed SHO PW 16 that at evening, he was at home and at about 10.30 11.00 p.m., a person, residing at Ravi Chowk ward No.11, name not known to him, near where his (PW 18) maternal uncle Satyanarain also reside, came and informed PW 1 to take care of brother Jagdish, with whom maternal uncle is quarreling, so PW 1 and Mohan Lal, quickly went to house of Satyanarain and knocked the door closed from in side, but door not opened, so PW 1 and Mohan Lal, jumping wall, entered in, where observed that brother tied with rope, lay unconscious, bleeding of injuries there was mother-in-law of Satyanarain to whom PW 1 asked and she replied as she, Satyanarain, Sohan Lal and Vimala, having finished him ("iska kaam tamam kar diya hain") - PW 1 with help of Mohan Lal, taking brother on shoulder and then in a tempo, brought to hospital, where doctor declared him dead and at hospital also came mother, mother's sister and other relatives. PW 1 also reported that brother Jagdish was having illicit relations with his maternal aunt Smt. Vimala (wife of Stayanarain) so, Satyanarain having enmity to Jagdish calling him at his home and with assistance of wife, brother-in-law Sohan Lal s/o. Kana Ram and Shanti Devi w/o. Kanaram, have killed him, inflicting injuries by lathis and sharp weapons. SHO PW 16, recording the information Ex.P1, and obtaining signatures of PW 1 and his mother Smt. Kamla PW 2, registered FIR Crime No.356/02.

(3.) SHO PW 16 commencing investigation on 22.9.02 (i) inspecting place of occurrence, prepared site plan Ex.P6; (ii) examining dead body, in hospital mortuary, prepared memos Exs. P2 and P3 and directed for post- mortem; (iii) photographs of body taken by PW 8 positives Exs. P17 to 22 and negatives 17A to 22A; (iv) at place of occurrence, that is house of appellant, on floor, was spread blood, sample of which and scratches of floor collected and separately sealed memos Ex.P8 and 9, packets marked as B and C; (v) when post-mortem conducted, taking pant and shirt over person of deceased sealed memo Ex.P3 and packet marked as A; (vi) at place of occurrence, was a rope knittedly made of coconut shell threads collected making memo Ex.P7, and sealed marked D; (vii) appellant arrested on same day at 7.30 p.m. and per disclosure, recorded as Ex.P42 and at his instance, from a iron box, lying in his house, recovered a pant, having some blood like stains prepared memo is Ex.P32 and sketch of place Ex.P31 and 31A packet marked as F; (viii) per disclosure Ex.P43 of appellant, iron pipe of about 2' 7" length and one inch diameter, recovered from big box, lying in his house memo prepared is Ex.P30 and sealed packet marked as G; (ix) Smt. Vimala and Shri Kana Ram also arrested same day and per disclosure of Smt. Vimala and at her instance, a iron pipe of 2 feet 7 inch, recovered and sealed per information and at instance of Kana Ram, lathi recovered.