GANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by accused appellant Ganga Ram s/o Babu Aahari r/o Manipur Falan Aahari against the judgment and order dated 28.10.02 passed by the learned Addl. District and Sessions Judge ( Fast Track) Dungarpur in Sessions Case No.85/2002.

(2.) THE brief facts of the case, as unfolded by the prosecution story, is that the Station House Officer of the Police Station Bichhiwara, District Dungarpur received an information through wireless message from Police Chowki Mewara, falling under the jurisdiction of that Police Station, to the effect that on the previous night, a murder had been committed at the village Manipur Aahari Falan. On receiving this information, Station House Officer, Bichhiwara, PW/15 Fateh Singh proceeded to the place of incident, where about 40 to 50 persons were already present. On the place of incident, Shri Mohan, s/o deceased Babu Aahari informed the Station House Officer that deceased Babu Aahari had 2 wives and his first wife namely Moki died leaving behind two sons , namely Mohan and Mani Lal and the second wife of the deceased, namely Punji had two children, one daughter Savita and a son Ganga Ram. In the common premises he, along with his wife, were living in the back portion of the house of deceased father . Deceased Babu Aahari used to reside along with his second wife , Ganga Ram, Mani Lal and Savita. As per oral report submitted by Mohan Lal, after the festival of holi, he along with his wife Vali, Ganga Ram, and Savita, went to Himmat Nagar (Gujarat) to earn their livelihood. His father , mother and Mani Lal were at their native place. On the Saturday before the date of incident, his brother Mani Lal came to Himmat Nagar and informed that mother had been beaten by their father. On being informed that mother was serious, he and his wife reached the village on Sunday and as the condition of mother was very serious, she was admitted in Govt. Hospital , Dungarpur on 17.05.02 and when he himself, his wife and Manilal were at their residence, Ganga Ram and Savita were at the hospital . In the evening at 07.30 PM Ganga Ram came from Dungarpur while wife of Mohan Lal was preparing food at 08.30 PM his father, deceased Babu Aahari came from outside and sat on the stone in the courtyard. At that time he heard the noise of his father and soon after that he rushed to the court-yard and he saw that his brother Ganga Ram, with an axe in his hand, was beating his father and due to these injuries both his hands and one leg were fractured and his father fell down. He tried to intervene and rescue his father and Ganga Ram went away from the place. At that time, Mohan Lal's wife Vali also came on the spot and she went to call the villagers. When she came back with the neighbours Babu had succumbed to death due to the injuries caused by accused appellant Ganga Ram.

(3.) OUT of the 15 witnesses examined by the prosecution ,PW/4 Mohan Lal and PW/5 Vali were cited as eye witnesses and PW/15 Fateh Singh appeared in witness box being the Investigating Officer of the case. This witness narrated all the facts regarding the registration of the first information report and arrest of the accused and further the recovery of blood stained weapon of offence in pursuance of the information recorded under section 27 of the Indian Evidence Act and also regarding the recording of statements of witnesses under section 161 Cr.P.C. PW/1 Dr. Manish conducted the autopsy on the body of the deceased Babu and he proved the postmortem report as Ex.P/1. In his statement he deposed that the cause of death of deceased Babu was due to haemorrhagic shock due to injury on the left lung and due to vasovagor peflex due to injury of left lung . As per his statement, the left lung was punctured and the membrane was found teared. He found external injuries on the body of deceased Babu as per report Ex.P/1.