SUKH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal filed under S. 374(2), Cr. P. C. has been directed against the judgment dated 12-10-1984 of the Sessions Judge, Balotra Camp Barmer, whereby he convicted the appellant for the offences punishable u/Ss. 302 and 379, I.P.C. and sentenced him to life imprisonment for the first count and two years rigorous imprisonment and a fine of Rs. 2,000.00 in default to further undergo 6 months' rigorous imprisonment and also directed that the substantive sentences shall run concurrently.

(2.) Succinctly stated the prosecution case is that in the intervening night of 5th and 6/06/1984 Smt. Gavari widow of Bhinya Ram was sleeping in her house along with her younger daughter P. W. 19 Kumari Kamla aged 9 years and maternal grand son P.W. 18 Jagdish aged 12 years. In the same Bakhal appellant Sukh Ram's house is also situated. It is alleged that at about 11-12 O'clock appellant armed with an axe entered the house of Smt. Gavari and inflicted an axe blow on her neck. Smt. Gavari screamed, whereupon Jagdish and Kamla awoke. In the moon light as well as in the light of an electric pole, which was situated about 20 ft. away from Smt. Gavari's house, they saw the appellant inflicting another blow causing injury to Smt. Gavari Kamla and Jagdish raised an alarm, which attracted P.W. 3 Mangla Ram, who was sleeping just outside their house. The appellant took gold Timanias and a pair of gold ear-tops (Jhumaris) of Smt. Gavari and ran away. P.W. 3 Mangla Ram saw him going away from the scene of occurrence along with the the axe and stolen ornaments. Mangla Ram immediately went to the house of P.W. 2 Kana Ram, the brother of Smt. Gavari and narrated him the whole incident. Thereupon Kana Ram submitted a written report Ex. P-3 to the S.H.O. Police Station Chohtan at 4-45 a.m. on 6-6-1984. P.W. 22 Bhikham Chand, S.H.O. registered a case u/S. 302, IPC vide FIR Ex. P-4 which was received by the Chief Judicial Magistrate, Barmer on the same day at 6 p.m. The Investigating Officer inspected the site, prepared memo of dead body of Smt. Gavari (Ex.P-5), site Plan (Ex. P-6) and memo of Site Plan (Ex.P-7). He also seized the blood-stained clothes and the ornaments which the deceased was wearing vide seizure memo (Ex. P.8). He also prepared the autopsy report of the deceased. P.W.1 Dr. R.C. Khetawat, Medical Officer. PHC Chohtan (Barmer) conducted the postmortem examination of the deceased on 6-6-1984 at 8-30 a.m. and found 2 incised wounds situated on the anterior later aspect of Smt. Gavari's neck on the right side. Both wounds were ante mortem in nature. On internal examination, the Doctor found that her external juglar, internal juglar and internal cartoid and artery as well as all other small vessels, muscles and nerves were cut. He did not find any ligature mark over the neck. He prepared the post most mortem examination report Ex. P.1 and in his opinion the cause of death was shock and extensive haemorrhage due to cutting of great vessels of the neck by sharp weapon. Bhikham Chand arrested the appellant on 7-6-1984 vide arrest memo (Ex. P. 11) and from his person a pair of golden ear-tops (Art. 25) were also recovered, which were duly sealed in presence of Motbirs. Deceased's elder daughter P.W. 13 Smt.Ghudi, who was undergoing 'Anganwadi Training' in Bhilwara, was informed about the said incident. Smt. Ghudi after taking stock of the various ornaments and articles in her house, found that one gold Nimboli along with Ghedias, one gold Nimloli without bars, one pair of Jhumar (eartops), one Bhawaria with chain and one pair of silver Todas belonging to her (Smt. Ghudi) were also missing from the house. She, therefore, submitted a list of the said stolen articles on 8-6-1984 to the Investigating Officer. On 17-6-1984, she further submitted a supplementary list of stolen property namely one silver bangle to the Investigating Officer.

(3.) On 10-6-1984, the appellant in pursuance to his information given u/S. 27 of the Evidence Act vide memo Ex. P. 28 got recovered one gold Timania (Art. 21) from his house, which was seized and sealed by the Investigating Officer vide recovery memo (Ex. P. 16).