SHRAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16/03/1990, passed by the Additional Sessions Judge No. 2, Hanumangarh (Camp Suratgarh), by which the learned Additional Sessions Judge convicted the appellant for the offences under Ss. 302 and 450, I.P.C. and sentenced him to undergo imprisonment for life and a fine of Rs. 200.00 and in default of payment of fine further to undergo two months' rigorous imprisonment for the offence under S. 302, I.P.C. five years' rigorous imprisonment and a fine of Rs. 200.00 and in default of payment of fine further to undergo two months' rigorous imprisonment for the offence under S. 450, I.P.C.

(2.) The incident, which led to the prosecution of the accused-appellant, took place on 30-4-87 in village Sangita, where Jagdish was murdered in his own house at about 2.00 / 2.30 a.m. in the intervening night of April 29/30, 1987. The case of the prosecution is that deceased Jagdish, his wife P.W.2 Krishna and sister P.W. 4 Vimla were sleeping in the court-yard of his house. Accused Shrawan Kumar came there, inflicted injury with a Sabble (a pointed iron-rod) on his chest and on receiving this injury when Jagdish got up, he grappled with the accused. The accused gave another Sabble blow on the eye of Jagdish. In the meanwhile, P.W. 2 Krishna and P.W. 4 Vimla, also, got up on hearing the cries of Jagdish, whereupon the accused ran away. Jagdish scaled over the wall of the house of Jagu Kumhar, which was about three to four feet high, crossed the Bara and lay down on a cot lying in the Bara of Jagga Kumhar. There the villagers collected. Dana Ram (P.W. 3) - the Sarpanch of the village - was called, who along with other villagers, went to lodge the First Information Report at Police Station, Suratgarh immediately after the occurrence. The entry in the Roznamch was made at about 6.30 a.m. Thereafter the police came at the place of the occurrence, recorded the statement of Jagdish and sent Pyara Singh Constable along with the statement of injured Jagdish for recording the FIR and Jagdish was taken to the hospital, where he died. The prosecution, in support of its case, examined ten witnesses. P.W. 2 Smt. Krishna and P.W. 4 Vimla are the two eyewitnesses of the occurrence. The statements are sought to be corroborated by the statement of P.W. 3 Dana Ram - the Sarpanch of the village - who immediately after the occurrence came to the place of incident, went to the Police Station, gave information regarding the incident, came to the village along with police, the statement Ex. P. 13 of Jagdish was recorded in his presence on the basis of which the FIR Ex. P.14 was recorded. P.W.1 Dr. Sahi Ram was the Incharge, Government Hospital, Suratgarh, who attended the deceased Jagdish when he was brought to the hospital, and conducted the post-mortem on the dead body of Jagdish. P.W.5 Abdul Aziz, P.W.6 Pyare Singh, P.W.7 Trilok Chand, P.W.8 Sri Krishna Sharma, P.W.9 Heera Lal and P.W.10 Bhanwar Singh are the six police witnesses. P.W.5 Abdul Aziz is the Station House Officer, who took over the charge of the Police Station, Suratgarh, on 3-4-87 and arrested the accused, who was produced before him at the Police Station. The accused gave information under S. 27 of the Evidence Act (marked Ex. P.6) and got recovered the Sabble - the weapon of offence - in pursuance of this information. He also, recovered the clothes from the person of the accused vide Ex. P. 18. P.W. 6 Pyare Singh, Foot Constable, was posted at the Police Station, Suratgarh, who along with Trilok Chand A.S.I. Police, went at the place of the occurrence, where the statement of Jagdish was recorded by Trilok Chand A.S.I. Pyare Singh brought this statement Ex. P.13 recorded by Trilok Chand A.S.I. and on the basis of which the FIR Ex. P. 14 was recorded at Police Station, Suratgarh, Trilok Chand A.S.I., on the relevant day, was posted at Police Station, Suratgarh, to whom the investigation was handed over by Sri Krishna Sharma - the Station House Officer, Police Station, Suratgarh. Trilok Chand went to the place of the occurrence, recorded the statement of Jagdish Ex. P. 3, sent this statement through Pyare Singh and thereafter took injured Jagdish to the hospital along with his family members and conducted the investigation. P.W. 8 Sri Krishna Sharma, Station House Officer, Police Station, Suratgarh, has stated that he was the Incharge of Police Station, Suratgarh, before whom Pyare Singh presented the statement of Jagdish Ex. P. 13 and on the basis of which he ordered for registration of the First Information Report and the FIR Ex. P. 14 was registered. P.W. 9 Heera Lal was the Head Constable Police posted at Police Station, Suratgarh, in whose custody the sealed articles remained in the sealed condition since the time they were deposited till they were sent for FSL examination to the State Forensic Science Laboratory, Jaipur. P.W.10 Bhanwar Singh took the sample packets for FSL examination and handed them over to the State Forensic Science Laboratory, Jaipur. He has stated that during the period the sample remained with him, they remained in sealed condition and the seals were not tampered with.

(3.) It is contended by the learned counsel for the appellant that the alleged dying declaration (Ex. P. 13), on the basis of which the FIR was recorded, cannot be relied upon because it is not supported by the medical evidence. His further case is that the deceased was not in a position to make the Statement when the police reached at the place of the occurrence and even P. W. 3 Dana Ram - the Sarpanch of the village - has not supported the making of statement Ex. P. 13 by Jagdish before the police. The dying declaration has, therefore, been falsely prepared. His further submission is that the alleged two eyewitnesses, viz., P.W. 2 Krishna and P.W.4 Vimla, are not the eye-witnesses of the occurrence and they have actually not seen the occurrence. There are material contradictions in their statements. The learned Public Prosecutor, on the other hand, has supported the judgment passed by the learned lower Court.