BUNDU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were accused on the file of learned Sessions Judge, Jaipur District Jaipur bearing Sessions Case No. 89/97. Learned Sessions Judge vide judgment dated May 24, 2001 convicted and sentenced the appellants as under:- Bundu Khan: U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 2,000/-, in default to further suffer Simple Imprisonment for two months. Jarina: U/s. 302/34 IPC: To suffer Imprisonment for life and fine of Rs. 2,000/-, in default to further suffer Simple Imprisonment for two months.

(2.) THE prosecution story is woven like this:- On May 24, 1997 around 6. 15 PM Nawal Kishore Sharma (PW. 7), who was posted as ASI at Police Station Bagru, recorded parcha bayan of Smt. Kamla (PW. 1) at Mridul Agricultural Farm Bindayka. In the parcha bayan Smt. Kamla stated that her husband Mahadev (now deceased) was axed by Bundu Khan while his wife Jarina inflicted lathi-blows. Mangej (PW. 8) and Jagdish Bagra (PW. 18) had seen the incident. THEreafter Mahadev was taken to Hospital by Madan Dudi and Lallu Meena in a jeep. On the basis of parcha bayan of Kamla initially a case under Sections 307, 324 and 323/34 IPC was registered which was later on converted under Section 302 IPC. After usual investigation the charge sheet was filed and in due course the case came up for trial before the learned Sessions Judge, Jaipur District. Charges under Sections 302 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as may as 18 witnesses and got exhibited 22 documents. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence and stated that both of them came to Jaipur in the morning on the day of incident and they remained there upto 6. 00 PM. THEy went back in a bus from Jaipur and when got down of the bus at Sirsi Bus-stand they were caught hold of by Lallu, Mangej and other villagers. At that time Mangej who was holding axe told that it was Bundu Khan who killed Mahadev. In support of defence version three witnesses were examined. Learned trial Judge on hearing the final submissions convicted and sentenced the appellants as indicated herein above.

(3.) A look at the post mortem report (Ex. P-5) goes to show that the deceased sustained as many as nine antemortem injuries thus:- " 1. Incised wound 2, 1/4 x 2cm x bone deep left tibial skin upper 1/3 anteriorly find clotted blood margin clean cut regular wall defined. 2. Incised lacerated wound 1 x 1/2 x bone left 2nd metaconjphalingal joint downy with clotted blood. 3. Abrasion 5 x 2cm left taker high upper 1/3 redish colour. 4. Incised wound 2 x 1/4cm x bone deem on chin with dried clotted blood. 5. Diffuse swelling Rt. Tempo parietal region front. 6. Stab Incised wound 2 x 1/2cm x plenal cavity deep on left side lateral aspect of chest upper part down surgically for drainage. It is 7cm of axila portion aspect. 7.Stitch wound 2cm long with edge clean cut regular wall defined vertically present with clotted blood. Left dorsal of chest infascaple. 8. Stitch wound 5cm long with edge clean cut regular wall defined metically part with clotted blood. Left dorsal chest infascaple part in the clotted blood metrically present. 9. Stitch wound 13cm long placed obliquely on left dorsal chest infra scapula area. It is 26cm from left shoulder and 11cm from midment from Linc. On opening of stitches edges marginal clean cut regular wall defined with fresh clotted blood reddish colour on exploration underlying subcutanummenla parietal pleura and visual pleura and left side rib 8th to 10th rib underlying found cut obliquely. In plenal cavity left side about 2lit of blood. Blood clots present. Left lung found collapsed. Lower lobe found cut 17 x 18cm x 7cm fresh clotted blood with tissue staining and anterior healing. Bones are cut clearly through. Thigh wall defined with tissue staining of ribs 8th to 10th completely and obliquely lung tissue of leptical found cut clean wall defined regular in 7cm in clothes with tissue staining. The cause of death was hemorrhagic shock brought as a result of ante mortem injury to lung caused by injury No. 9, which was sufficient to cause death in the ordinary course of nature. It is established from the testimony of Dr. Sumant Datta (PW. 4) that the death of Mahadev was homicidal.