KALOORAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -

(2.) MAGHARAM (deceased) lived inside Jalori Gate, Jodhpur. Both he and P. W. 2 Lekhraj were friends. On April 13, 1967, Lekhraj visited the house of Mangharam at about 2 p. m. Both of them left the deceased's house for Mahesh School. They passed through Siwanchi Gate via Ghanchi's Mohalla. On their way to the school, MAGHARAM went to Hemant Kumar's shop to buy 'ber' fruits. When MAGHARAM was purchasing them, the accused Kalooram who was chewing betel, went near him and spat on him. MAGHARAM made a protest to it. Thereupon Kalooram hurled abuses at MAGHARAM. Soon after Kalooram took out a knife from his pant-pocket and struck a blow therewith on the throat of MAGHARAM. The accused delivered another knife blow at the same place. MAGHARAM tried to pick up some earth to throw it at the accused, but he could not succeed. The accused, on the other hand, dealt a third knife blow on the abdomen of his victim; whereupon MAGHARAM fell down. Kalooram then took to his heels from the scene of the crime. Brother of the accused, Kanhaiyalal, happened to come over there and he arranged for a tonga and took the injured MAGHARAM to the Mahatma Gandhi Hospital, Jodhpur. The injured was admitted to the hospital at 3. 30 p. m. the same day. Dr. K. G. Singhal, P. W. 7, Medical Jurist, Mahatma Gandhi Hospital, Jodhpur, found the following four injuries on the person of MAGHARAM - 1. Stab wound 2" x 3/4" x muscle deep going post medially towards the scapula on the lateral aspect of left chest middle portion. 2. Incised wound vertical 1-1/2" x 1/2" x muscle deep below the left chin. 3. Incised wound 1/2" x 1/8" x skin deep on the left angle of mandible. 4. Stab incised wound 3/4" x 1/4" x muscle deep on the left side of neck about its middle. Maghram expired at 1-30 a. m. during the night intervening April 13 and 14, 1967. Dr. Singhal conducted the post-mortem examination on the dead body of the deceased on April 14, 1967. The Doctor discovered the following internal injuries on the corpse - 1. Left side of the brain was pale and anaemic. 2. Left common carotid artery was tied at two places. Blood clots were present on the left side of neck (whole) and behind the esophagus and tracheae. 3. Tracheotomy was also done. In the opinion of the Doctor the internal and the external injuries could have been caused by the knife Ex. 4 Injury No 4 was grievous in nature as it had cut the blood vessels of the neck and it endangered the life of the victim. This injury was sufficient in the ordinary course of nature to cause death. The Doctor further opined that all the injuries cumulatively were sufficient in the ordinary course of nature to cause the death of the deceased. First information report of the occurrence was made by PW. 6 Kistooraram father of the deceased on April 14, 1967, at 7 a. m. , with the police station, Khanda Phalsa, Jodhpur. The police registered a case under sec. 302 I. P. C. and started investigation. The accused Kalooram was arrested on April 14, 1967, by the police : vide memo Ex. P. 2. The accused, while in the police custody, gave information, on April 18, 1967, to the Station House Officer, Hari Singh, to the effect that the weapon of the offence had been concealed by him in his house under certain articles of his bedding and that he was prepared to show the same. The information was reduced to writing. It is marked Ex. P. 12. In pursuance of the information the police recovered the Mood stained knife Ex. 4 at the instance of the accused under Ex. P. 5. The knife was duly sealed in the presence of Motbirs and was sent to the Chemical Examiner and the Serologist. The Chemical Examiner, Rajasthan, Jaipur, examined the article and found it positive lor blood. The Serologist and the Chemical Examiner to the Government of India certified that the scrappings from the knife were stained with human blood. The police prepared site inspection memo Ex. P. 3, site plan Ex. P. 4. description memo of the corpse Ex. P. 6 and other necessary documents. After the investigation was concluded, the police put up a challan against the accused Kalooram in the court of the Additional Munsiff Magistrate No, 1 Jodhpur City. The said Magistrate conducted preliminary inquiry in accordance with the provisions of sec. 207a Cr. P. C. , and committed the accused to the court of the Sessions Judge, Jodhpur, to face trial under sec. 302, I. P. C. On September 12, 1967, the accused was charged by the Sessions Judge, Jodhpur, under 302 I. P. C, to which he pleaded not guilty and claimed trial. In support of its case the prosecution examined 10 witnesses, including 3 eye witnesses, namely, Sarjoolal, P. W. 1, Lekhraj PW-2, and Bhopal Ram, P. W. 3. The accused in his statement, recorded under sec. 342 Cr. P. C, made a total denial of the crime, with which he stood charged. He further stated that Bhopalram was on his duty at Merta on the date of the alleged incident. He also deposed that he did not give any information to the police in respect of the alleged recovery of the knife, nor did the police recover it at his instance. The accused, in the end, said that the deceased MAGHARAM was a 'goonda' of the locality. He asked his parents to prevent their son from eve-teasing. Since that day the deceased's parents bore ill-will against him. At the time of the alleged incident he was working at Blue Star Mechanic Works, wherefrom he returned home in the evening. He did not produce any evidence in his defence. The trial court, relying upon the evidence of Lekhraj P. W. 2 and Bhopalram P. W. 3, as also on the recovery of the blood stained knife [ex. 4j on the information and at the instance of the accused, convicted the appellant under sec. 302, I. P. C, and sentenced him to imprisonment for life. The accused appeals against that verdict.

(3.) THE appeal is accordingly dismissed. .