FOJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Foja stood tried on the charge of the murder of his nephew Hansia. the learned Sessions Judge, Udaipur by judgment dated 02. 06. 2000 convicted him for the offence under section 302 I. P. C. and sentenced to imprisonment for life and to pay a fine of Rs. 500/-; in default of payment, to further undergo six months of imprisonment.

(2.) THE prosecution case as disclosed during trial is that on 20. 05. 1994 the appellant Foja alongwith deceased Hansia, eye witnesses PW-1 Bholia and PW-12 Alkha were returning from the village Jed after attending marriage settlement proceedings in the panchayat pertaining to the marriage of Hansia. On the way, PW-6 Bhania of their village also joined them. THEy were moving in two groups. PW-1 Bholia, PW-6 Bhania and PW-12 Alkha were in one group. THE appellant Foja and the deceased Hansia were moving behind them at a distance of about 10-15 steps. A verbal altercation took place between the appellant and the deceased Hansia on the issue of marriage. THE appellant took out chhuri from the sheath. Hearing the cries of Hansia, they turned back and witnessed the appellant causing injury to Hansia on the chest. He fell down and after sometime succumbed to the injury. THE appellant soon after causing the injury escaped from the scene of occurrence. An oral first information report was lodged at police station. Mandwa. THE police registered a case for offence under section 302 I. P. C. and proceeded with investigation. After usual investigation, police laid chargesheet against the appellant for offence under Section 302 I. P. C.

(3.) PW-10 Dr. Munavar Ali stated that he conducted post mortem of the dead body of deceased Hansia and prepared the Post Mortem Report Exhibit P-7. He noticed a stabbed wound 2-1/2 cm x 1-1/2 cm on the chest of the deceased Hansia. The injury was ante mortem in nature. The cause of death was due to cut of left axillary vessels and pulmonary vein and cut of third rib lateral to mid clavicular line produced profuse haemorrhage, hypovolaemic shock, circulatory failure, respiratory failure and death. In the instant case, the First Information Report has been promptly lodged which reflect by the most contemporaneous account of what had taken place on the spot and as stated by the eye witnesses PW-1 Bholia and PW-12 Alkha. This also finds corroboration with the medical evidence. Thus, the prosecution has succeeded in establishing that the appellant Foja caused injury on the chest of the deceased Hansia by Chhuri.