ISHWAR LAL ALIASMUKESH ALIASPAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal is directed by the appellant Inshawr Lal @ Mukesh @ Pappu against the judgment dated November 16, 1998, whereby learned Additional sessions Judge, No. 1, Jaipur City convicted the appellant u/sec. 302 read with 34 IPC an sentenced him to suffer imprisonment for life and fine of Rs. 5000/- in default to further suffer simple imprisonment for six months.

(2.) BRIEFLY stated, the prosecution case is that on August 2, 1997 at 2. 45 AM Om Prakash PW 12 (Home guard) S/o Jeevan Ram by caste Raigar aged 18 years resident of Nindad, Police Station Harmada (District Jaipur) submitted a written report (Ex. P. 14) to SHO PS Shastri Nagar, Jaipur City at the place of incident wherein it was inter-alia stated that today in the night he and Ram Ratan (Home Guard) were on their patrolling duty. At about 1. 15 A. M. they were coming from Mochion Ki Chhabil to Rashtrapati Park. When they reached near the gate of the said park they saw that three persons were beating a person at the circle situated at some distance. When they reached on the spot two assailants ran away and they caught hold of the third assailant named Ishwar lal. On being asked the person who was being beaten by the assailants said that his name is Moti Ram. Thereafter he took Ishwar Lal to the police station. On they way, on being asked Ishwar Lal told that the name of two assailants who had fled away was Suresh and Salim. It was also stated that injured Moti Ram was taken to hospital by SHO in police jeep to SMS Hospital, Jaipur. he also accompanied the SHO. Moti Ram succumbed to his injuries on the way. He had sustained four injuries on his chest which were caused by sharp weapon. On the basis of Ex. P14 a case u/sec. 302 read with 34 IPC was registered by SHO, Shastri Nagar at 3. 00 AM and investigation commenced. The formal FIR is Ex. P. 21. The investigating Officer prepared the inquest report (Ex. P3) of the dead body of Moti Ram. Site plan (Ex. P10) was also prepared. Blood smeared soil and control soil was seized and sealed vide seizure memo Ex,p11. Two scooters were also seized from the spot vide seizure memos Ex. P12 and Ex. P13. Kurta, pant, baniyan and chaddi which the deceased was wearing at the time of the incident were seized and sealed vide seizure memo Ex. P. 1. Post mortem examination was conducted by Dr. P. C. Vyas (PW. 10) Medical Jurist, SMS Hospital Jaipur at 10. 000 AM on 2. 8. 97 and he prepared post mortem report Ex. P. 4. The appellant was arrested at 12. 15 PM on the same day vide arrest memo Ex. P16. Accused Suresh Singh and Salim were also arrested vide Ex. P. 17 and Ex. P18. On the disclosure statement of Ishwar Lal and at his instance Katar was recovered from the place situated behind the wooden cabin. It was sealed and the investigating officer prepared recovery memo Ex. P. 20. statements of the witnesses were recorded u/sec. 161 Cr. P. C. On completion of investigation charge sheet was laid against the appellant Ishwar lal, Suresh Singh and Salim in the Court of Judicial Magistrate No. 7 Jaipur City, who committed the case for trial to the Court of learned Sessions Judge, Jaipur City. In due course the case was received by learned Additional sessions Judge, No. 1, Jaipur City for trial.

(3.) IT is not in dispute that deceased Moti Ram met with the homicidal death. PW. 10 Dr. P. C. Vyas Medical Jurist, SMS Hospital Jaipur deposed that at 10. 00 AM on 2. 8. 97 he conducted post-mortem examination on the dead body of Moti Ram s/o Rajhumal aged 48 years by caste Sindhi r/o Shastri Nagar, Jaipur and found the following injuries: (i) incised stab wound 3. 5 x 1. 5 cm x chest cavity deep with dried clotted blood present on right side front of chest middle 1/3 vertically and obliquely placed in 5th intercostal space, near right border of sternum, 9 cm medial to right nipple. Would is wedge shaped with broader end of the would on lower side. Margins of the wound are clean cut, regular and well defined, but the lower broader end of the wound is irregular and illdefined. On further dissection, would track going downwards and slightly medially after piercing intercostal muscles. There are fractures (cutting) of right 5th and 6th ribs anteriorly near costo-chondral junction. Wound track extending further downwards and piercing right side pericardium and reaching to right atrium and piecing it through and through. Pericardial cavity contains about 500 cc partially clotted blood and right side chest cavity contains about 300 CC blood. would track further going downwards and medially piercing right side diaphragm and reaching to right lobe of lower superiorly near its junction with left lobe, where an incised would of size 3 x 1/2 x 2 cm present. About 900 cc blood present in peritoneal cavity. (ii) incised would 1/2 x 1/4 cm x sub cutaneous tissue deep with fresh clotted blood, medial to injury No. 1. Margins of the wound are cleancut, regular and well defined.