KANA RAM @ AAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ASSAILED in this appeal is appellant's conviction and sentence awarded of life imprisonment for the offence of Section 302 IPC.

(2.) EVENTS leading to appellant's prosecution allegedly are that on 20.08.2002, at about 5.00 P.M., Kishna Ram PW 5 presented a written report Ex. P6 at Government hospital, Nimbi Jodha to head constable chowki, Nimbi Jodha, police station, Ladnu, informing that dhanis (residential hut like at agriculture fields) of sons Kana Ram and Bhanwar Lal are neighbours 'both brothers quarreled for dispute regarding boundary of agriculture field and Kanaram S/o. Aashuram inflicted blow of axe at head of Bhanwara S/o. Aasu Ram' Bhanwara, bleeding from head has become unconscious who brought and admitted in hospital, is not speaking. Head constable chowki, making on endorsement on this, presenting requisition inquired from medical officer, giving letter Ex. P11 about fitness of Bhanwara Ram to give statement. Medical officer describing of scalp wound and brain material coming and injured not responding to light, stating conditions to be very poor, referred, writing treatment slip Ex. P10 to higher centre.

(3.) SHO PW 1 commencing investigation on 21.8.02 morning (i) examined dead body which was at Government hospital and prepared memos Exs. P1 and P8, (ii) seized clothes, shirt baniyan and pants of deceased, preparing memo Ex. P2 and packet marked A, (iii) visiting place of occurrence at agriculture field, prepared memo and site plan Ex. P12, (iv) collected and sealed sample of blood spread there and also plain soil, preparing memo Ex. P3 and packets marked B and C, (v) SHO PW 12 on that very day, arrested appellant accused at 4.00 P.M. vide memo Ex. P4 and seized cloth pant he was wearing on having blood like stains, preparing memo Ex. P5 and packet marked E. (vi) post -mortem conducted at hospital, Ladnu by doctor PW 2 'report Ex. P3. On appellant's disclosure, recorded by PW 1 as Ex. P22 and at instance of appellant axe from room of his residential premises, recovered and sealed are having blood stains on metallic portion -packet marked D - memo and site plan Exs. P14 and P15. Packets of different articles intactly delivered at FSL and after other investigation, charge -sheet submitted.