RAMNIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 4. 10. 1996 convicting the appellant Ramniwas of offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment to further undergo six months rigorous imprisonment. He has also been convicted for offence under Section 324 IPC and sentenced to three years rigorous imprisonment and to pay a fine of Rs. 500/- and in default of payment to further undergo three months rigorous imprisonment.

(2.) THE appellant Ramniwas was put to trial on the charge of murder of one Shambhoo Dayal and causing injuries to PW-2 Matadeen, PW-3 Shiv Lal and PW-7 Gheesa Ram. It is alleged that in the intervening night of 30. 5. 1992 and 31. 5. 1992 at about 2. 15 AM, while deceased Shambhoo was sleeping in front of his house, appellant Ram Niwas gave a kulhari blow on his neck, resulting into his instantaneous death. Hearing the abrupt out cry his wife Smt. Chhoti came out of the room and witnessed the incident. Her distress call attracted PW-4 Kailash and PW-9 Kartar. THE appellant seeing them ran away towards the street. Her husband was taken to the hospital where he was declared dead. It is also alleged that after committing the murder, the appellant caused injuries to PW-2 Matadeen, PW-3 Shivlal and PW-7 Gheesa Ram, who were sleeping outside their houses. It is further alleged that PW-2 Matadeen, PW-22 Mannalal, PW-24 Kailashchand and PW-25 Rajendra who were playing cards, seeing the appellant coming towards them with Kulhari in hand, raised voice. THE appellant threw kulhari and ray away. THE information of the incident was given to the S. H. O. Police Station Kotputli by PW-19 Jamanlal at 3. 15 AM vide Exhibit P-22. On this information police registered a case for offence under Section 302 and 307 IPC and proceeded with the investigation. THE appellant was arrested on the same day at 9. 30 AM vide exhibit P-9. At the time of arrest the police found blood stains on his shirt. THE shirt was seized vide exhibit P-8. A blood stained lathi was also recovered vide exhibit P-17. A blood stained earthen pot of liquor was also recovered vide exhibit P-18. THE blood stained axe was seized vide exhibit P-28. THE post mortem of the dead body was performed vide exhibit P-25. After investigation police laid charge sheet against the accused appellant for offence under Section 302 and 324 IPC.

(3.) PW-1 Smt. Chhoti is the wife of deceased Shambhoo Dayal. She stated that on the date of incident her husband was sleeping outside the house on a cot. She was sleeping inside and the door of the room was open. At about 2. 00 or 2. 30 AM, she was awakened hearing the out cry of her husband. She came out and found the appellant standing with a kulhari in his hand. The appellant gave kulhari blow on the neck of her husband. She raised hue and cry which attracted PW-4 Kailash and PW-19 Jamanlal. She also stated that at the time of incident the accused was wearing a pant and shirt. Seeing them he ran away towards the street. Jamnalal and Kailash took her husband to the hospital where he was declared dead. In the cross examination, it is admitted that she reached on the spot after hearing the out cry of her deceased husband. Before her arrival the appellant inflicted a kulhari blow on her husband. She stated that after seeing her. he ran away. She categorically stated that she had seen the appellant standing after causing injuries to her husband by kulhari. She stated