BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Babulal was tried before the Additional Sessions Judge No. 1, Jodhpur on the charges under Sections 307 and 26, Indian Penal Code. The Additional Sessions Judge by his judgment dated 30-9-1977 while acquitting the appellant of the offence under Section 326, Indian Penal Code convicted him of the offence under Section 307, Indian Penal Code and sentenced him to rigorous imprisonment for a period of two years and to pay a fine of Rs. 200/- and ill default of payment of fine to undergo rigorous imprisonment for a further period of two months.

(2.) The case of the prosecution is that Ghanshyamdas (P.W. 1) has his shop at Sadar market near clock tower at Jodhpur. On 28th May, 1977 at about 10 p.m. Ram Chandra (P.W. 6), the brother of Ghanshyamdas was standing in front of the shop and Asharam (P.W. 3), Mevaram (P. W. 4) Gaffar (P.W. 5) and Telkhan (P.W. 7) who were employees of Ghanshyamdas were also standing outside the shop and were cutting jokes on each other. At that time the appellant passed by and asked the servants as to why they were fighting and when they told the appellant that he was no body to interfere in the matter, a quarrel took place between the appellant and the servants and appellant gave a slap to Asharam. When Ram Chandra asked the appellant as to why he had slapped his servant the appellant gave a blow with the knife on the stomach of Ram Chandra and thereafter the appellant ran away. A written report (Ex. P. 1 was given by Ghanshyamdas to Narain Singh A.S I. Incharge, police outpost Girdikot on 29th May, 1977 at 4 a.m. and on the basis of the said -report an F.I.R. was recorded at police station Sadarbazar Jodhpur on 29th May, 1977 at 6 a.m. and a case under Sections 324 and 307, Indian Penal Code was registered, The case of the prosecution is further that immediately after the occurrence the injured Ram Chandra was taken to Mahatma Gandhi hospital, Jodhpur where his injuries were examined by Dr. P. Dayal (P.W. 9) on 28th May, 1977 at 11.05 p.m. vide injury report Ex P. 5. According to the said injury report Ram Chandra had an incised wound 2cm x 0.3 cm on the abdomen about 1.5 cm, to the left of umbillious (transverse) and omentum was protruding through the wound alongwith clots of blood. An operation was performed on 29th May 1977 at 1.30 a.m. and during the course of operation the abdomen was opened by left patamedian incision. Un opening the abdomen blood and a few clots came out. Exploration revealed a small perforation at the greater curvature of stomach through which clots were coming out. During the course of operation, the perforation of the stomach was closed. The investigation was conducted by Narain Singh (P.W. 11) who prepared the site plan Ex. P. 2, the memo of site inspection Ex. P. 3 and also seized the blood stained clothes of Ram Chandra vide memo Ex. P. 9. The appellant was arrested on 9-6-1977 vide arrest memo Ex. P. 10. After his arrest he gave information vide memo Ex. P. 7 on 10-6-1977 about his having concealed a knife in the house of his maternal grandfather and in pursuance of the said information a knife was recovered from the house of Bishan Mal vide memo Ex P. 4. After completing the investigation the police filed a charge sheet against the appellant and the appellant was committed for trial to the court of Sessions and charges under Sections 307 and 324, Indian Penal Code were framed by she Additional Sessions Judge No. 1, Jodhpur. The appellant did not plead guilty to the charges and claimed to be tried.

(3.) The prosecution, in support of its case, examined eleven witnesses. Asharam (P.W. 3), Mevaram (P.W. 4), Gaffar (P.W. 5), Ram Chandra (P.W. 6) and Tajkhan (P. W. 7) have been examined as eye witnesses of the occurrence. Ghanshyam Das (P. W. 1) lodged the F.I.R. Kastoor Chand (P.W. 2) is the attesting witness of the site plan Ex. P. 2 and memo of site inspection Ex. P. 3. Asandas (P. W. 8) is the attesting. witness of the memo Ex. P. 4 with regard to the recovery of the knife. Dr. P. Dayal tP.W.9) is the medical officer who had examined the injuries on the person of Ram Chandra (P.W. 6) and has proved the injury report Ex. P. 5. Dr. P. M. Mehta (P.W. 10) is the medical officer who has performed the operation on injured Ram Chandra. Narain Singh (P, W. 11) is the Investigating Officer. The appellant in his statement recorded under Section 313 Criminal Procedure Code denied the prosecution case and also denied that any knife was recovered at his instance. He has stared that he carries on business of selling vegetables on a Theta and since he carries on this business in front of the shop of the complainant, he is inimical towards him and has falsely got him implicated in this case.