SURYAKANT ALIASPAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26. 7. 80 passed by the learned Addl. Sessions Judge, Gangapur City by which appellant Suryakant @ Pappu was convicted under Section 302 IPC and sent-enced to imprisonment for life and a fine of Rs. 200/- in default of payment of fine to suffer one month's rigorous imprisonment.

(2.) BRIEFLY stated the prosecution story giving rise to this on 23. 7. 79 appellent, Suryakanyt was in the field along with a few other and his grand-father Bhairon Puri. At about 11. 00 a. m. others left and Suryakant appellant and the deceased remained there in the field. In the afternoon after about 4 hours Gurdev Puri, another grand-son of Bhairon Puri came to the field He did not find his grand-father Bhairon Puri there and made a search for him He then went to his house. He and his brother Bhagwan Puri P. W. 1 tried to search their grand-father but he was not traceable. Both of them went to the field and under the impression that somebody might have pushed the old man in the well made a search inside the well but Bhairon Puri was not traceable. They, on seeing the trail of dragging in the field followed the trails and found the dead body of Bhairon Puri in a field. Bhagwan Puri went to police station Tada Bhim and lodged the report Ex. P. 1 before S. H. O. Ram Kripal (P. W. 15) at 11. 59 p. m. The formal F. I. R. Ex. P. 19 was chalked out on the basis of Ex. P. 1 and Head Constable Dwarka Prasad was entrusted with the investigation. Dwarka Prasad went to the site and prepared necessary memos. On the next date i. e. 24. 3. 79. at about 9. 00 a. m. Dr. Murari Lal Sharma, (P. W. 8) conducted the autopsy over the dead-body. A. S I. Faiyaz Mohammed, (PW. 16) arrested the appellant and handed him over to the Investigation Officer, Dwarka Prasad who vide memo Ex. P. 21 on 29. 3. 79 seized one bushirt and pants which the appellant was Wearing at the time of his arrest because they were suspected of having blood stains on them. While the appellant was in custody the Investigation Officer, Dwarka Prasad in pursuance of the information furnished by the appellant recovered knife Article-l from a bush in the field of deceased Bhairon Puri, vide memo Ex. P. 10. The knife is said to have stains of blood on it. The articles seized during the course of investigation and being suspected of having blood stains on them were sent for chemical examination. The report of the Chemical Examiner in Ex. P. 25 and that of Serologist Ex. P. 26. The Chemical Examiner noted blood on the clothes of the accused and the knife. The Serologist detected human blood on the clothes of the deceased and the accused but could not tell the origin of the blood on the knife.

(3.) REGARDING the circumstance of accused being last seen with the accused, the contention of the learned counsel for the appellant is that the witnesses Shyam Lata (P. W. 2) and Gurdev Puri being inimical to the accused are interested in his conviction. For Siya Ram (P. W. 10) the argument of the learned counsel is that he has not supported the prosecution case for Shyam Lata being there or the appellant alone being left in the company of Bhairon Puri. For Harbal Gurjar (P. W. 9) the argument is that he has been declared hostile by the prosecution and has not supported the statement of Gurdev Puri that he was there in the field when she came there second time.