LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenged is appellant's conviction for the offences of Section 302and 324 each read with S.34 IPC and respective awarded sentences of life imprisonment with fine of Rs. 1,000/- and a year's rigorous imprisonment.

(2.) According to prosecution, on July 8th, 2002, at about 8 a.m. sarpanch Takhrawali informed by telephone to police station, Lalgarn that in village Khichrawali 9 TKW killed is wife of Lalchand Nai. SHO PW 14 making entry of this information at Roznamcha entry No.414 Ex.P43 proceeded to village, where at about 9.15 a.m. Omprakash PW 2 handed over written report Ex.P2 narrating that he is eldest of four brothers and third one is Lalchand -who having serious doubts about character and activities of wife Smt. Bhagwanti is living separately from her at Suratgarh for last 15 years and son Vedprakash also a month earlier went to Lalchand -he (information lodger-) to watch his crops remain in night at his agriculture field and comes back early morning and on that day at about 5.00 A.M. when he returned home, daughter of Lalchand Ms. Suman 10 years told him that father having a lathi and brother Vedprakash having a gandasi came in the night and beating mother severely injured her who is dead-Ms. Suman also stated that when she tried to intervene, Vedprakash inflicted injuries on her hands and then both ran away. PW 2 also mentions in FIR that he informing PW 3 sarpanch called him and dead body have large injuries on head and face. On this information, SHO making his endorsement, forwarded it to P.S. for registering case where incharge registered FIR Ex.P25 No. 144/02 for the offences of Sections 302, 323 and 324 read with S.34 IPC.

(3.) In course of investigation, (i) SHO PW 18 examining place of occurrence, prepared memo Ex.P5 and site plan Ex.P5A (ii) got the place photographed by PW 171- positives Exs. P34 to P42 and the negatives are Exs.P34A to P42A, (iii) at the place of occurrence and below the cot on which dead body of Smt. Bhagwanti was a wooden rule (danda) of about 3 ft. with some blood which seized and sealed packed marked as C- memo Ex.P9, (iv) examining dead body prepared memos Exs. P6 and P7, (v) sample of blood lying on floor and also of plain dust collected and sealed - packets marked as A and B- memo Ex.P8, (vi) blood stained worn clothes of deceased -blouse, choli, petticoat and under wear seized and sealed packet marked A and memo Ex.P11, (vii) blood stained clothes salwar and jumpers of PW 1 Ms. Suman the daughter of deceased taken and sealed packet marked D - memo Ex.P10, (viii) post-mortem on dead body conducted and report Ex.P22 prepared by medical officer doctor PW 11 who also examining injuries of Ms. Suman PW 1 prepared report Ex.P19, (ix) appellant arrested on 9.7.02 and on his information and at his instance from his house, lying between wooden pieces, recovered were lathi and kamij payjma having blood like stains - respective memos are Exs. P44, P45, P23 and P24- keeping packets of articles safely, the same were delivered with forwarding letter to laboratory for examination, (x) On information of Vedprakash from a house gandasi, kamij and payjama recovered and sealed. FSL report received is Ex.P76. After usual investigation and recording statements of the witnesses, charge-sheet, against appellant Lalchand presented which mentions of separate charge sheet against Vedprakash before Juvenile Court. Appellant charged for the offence that he (accompanied with Vedprakash) on 8.7.02, at about 5 a.m. or early hours, in village 9 TKW with common intention of causing death of Smt Bhagwanti, inflicting her injuries of gandasi and lathi caused her death and also caused hurt to Suman - claimed trial.