HARKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by appellant Harkesh sent through, Superintendent, Central Jail, Jaipur arises out of the judgment of the learned Additional Sessions Judge, Gangapur City convicting the appellant for offence under Section 302, I.P.C. and sentencing him to undergo life imprisonment and to pay a fine of Rs. 500.00, in default thereof to undergo simple imprisonment for two months.

(2.) The appellant was charged with the offence of committing murder of his real brother Hansraj by inflicting injuries with a knife, in the intervening night of 28/29-7-1998 while deceased was sleeping at the field. According to the prosecution case, Hari Prasad Meena P.W. 1 submitted a written report Ex.P. 1 at the police station Bamanwas on 29-7-1997 mentioning that Hansraj, son of his uncle Sukh Lal, in routine, went to the field known as Telyadi Wala in the evening at about 7-8 on 28-7-1997 to keep watch. He used to sleep at the field. It was mentioned that today i.e. on 29-7-1997 in the morning at about 6 a.m., when Lakhan Lal Meena went to attend the call of nature at his field, he found Hansraj dead. He then disclosed this fact in the village. As per the case of the complainant, he along with Rameswaroop Meena, Batti Bairwa and Chuttan Lal son of Badri Meena and other villagers went at the field of Lakhan Lal and found Hansraj dead, having numerous knife injuries on his person. It was mentioned that some unknown persons killed Hansraj, causing injuries by knife. The police on the basis of this written report registered a case for offence under Section 302, I.P.C. vide FIR No. 130/1997 (Ex.P.2) and proceeded with the investigation.

(3.) During the course of investigation, site plan Ex.P.3 and inquest report Ex.P.4 were drawn. Blood stained soil and controlled soil was taken vide memo Ex.P.5. A towel, a knife, a watch and one ball pen were seized from the place of occurrence vide Ex. P.6. Foot-prints were also taken vide Ex.P.12. Post mortem on the dead body of Hansraj was conducted by Dr. M.P. Jain, P.W. 18 on 29-7-1997 and the post mortem report is Ex.P.15. As per the post mortem report there were as many as 27 injuries on various parts of the body of the deceased, out of which 2 were bruises and the rest 25 were stab wounds. As per the opinion of the doctor the cause of death was cardiorespiratory failure due to multiple injuries to lung, liver, stomach (vital organs) and internal haemorrhage and external haemorrhage.