SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal stems from the judgment dated July 4, 2000 passed by learned Special Judge (Sati Niwaran) cum Additional Sessions Judge, Jaipur City, Jaipur whereby appellant Suresh has been convicted under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and a fine of Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) BRIEFLY stated the prosecution case is that on 8. 12. 98 at 12. 30 p. m. oral report Ex. P11 was lodged by PW12 Omprakash S/o Late Shri Sohan Lal, by caste-Jangid, R/o-House No. 46, Khatiwada, Station Road, Jaipur at Police Station Jalupura, Jaipur City wherein it was interalia stated that on receiving information from a boy today at around 11. 30 a. m. he went to the shop of his brother Ramesh. He found Ramesh unconscious in front of the shop. It was also found that Suresh Harijan who had inflicted injuries on the person of Ramesh was caught by Yaseen Khan. Thereafter he took his brother Ramesh to S. M. S. Hospital where he was declared dead by the doctor. On the basis of the oral report Ex. P11, the SHO P. S. Jalupura registered a case under Section 302 IPC and investigation commenced. In the course of the investigation the SHO, P. S. Jalupura who investigated the case, reached on the spot and prepared Site Plan Ex. P2. Appellant Suresh was arrested on the spot vide Arrest Memo Ex. P1. Blood smeared soil, control soil, one broom and one hammer were seized from the spot and the Investigating Officer prepared Seizure Memos' Ex. P6, Ex. P5, Ex. P4 and Ex. P3 respectively. `panchnama' Ex. P10 of the dead body was prepared by the I. O. in the mortuary of S. M. S. Hospital, Jaipur. Blood stained clothes which the deceased was wearing at the time of the incident were also seized and sealed vide Seizure Memo Ex. P9. Post-mortem examination on the dead body of Ramesh was conducted by PW11 Dr. H. L. Bairwa, Medical Jurist, S. M. S. Hospital, Jaipur at 9. 50 a. m. on 9. 12. 98 and he prepared Post-mortem Report Ex. P18. Statements of the witnesses were recorded under Section 161 Cr. P. C. On completion of investigating the charge-sheet was laid in the Court of Additional Chief Judicial Magistrate No. 2, Jaipur City who committed the case to the Court of Sessions Judge, Jaipur City. In due course the file was transferred to the Court of Special Judge (Sati Niwaran) cum Additional Sessions Judge, Jaipur City for trial.

(3.) DR. Bairwa further stated that in his opinion the cause of death was coma brought about as a result of injuries to the skull and the brain as mentioned in post-mortem report. He also stated that all the injuries were ante-mortem in nature and were sufficient to cause death in the ordinary course of nature. He prepared Post-mortem Report Ex. P18.