SHYAMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellant Shyama Ram @ Shyam Lal against the judgment and order dt. 17. 8. 2002 passed by the learned Special Additional Sessions Judge (Women Atrocities), Shri Ganganagar by which he convicted the accused appellant for offence under Section 302 I. P. C. and sentenced him to imprisonment for life and a fine of Rs. 5000/- in default of payment of fine to further undergo 1 year's R. I.

(2.) IT arises in the following circumstances:- i) That on 21. 7. 98 at about 4 p. m. PW. 3 Bhagi Ram gave Parcha Bayan (Ex. P/4) to PW. 9 Shaganlal (SHO, Police Station Gharsana Camp Rohi) inter alia stating that in the morning his brother Sahi Ram and sister Maya were working in the filed and at about 1 a. m. his mother Kishni (hereinafter referred to as the deceased) and his father accused appellant Shyama Ram also came there along with food and thereafter they took food and at about 1 p. m. Sahi Ram and Maya had left the place and when he himself started to go back to his home, he heard cries and when he took turn, he saw that his father accused appellant Shyama Ram was giving Kassi blows to his mother (deceased) and when he cried, his father (accused appellant) ran away from the scene and PW. 3 Bhagi Ram reached the place where the deceased was lying and he saw that blood was coming from his head and neck and she succumbed to her injuries on the spot. This incident had taken place in filed No. 3, Chak 16 MD. ii) IT was further stated by P. W. 3 Bhagi Ram in his Parcha Bayan (Ex. P/4) that relations between deceased and the accused appellant were not cordial for some time, but he did not know the reasons for that a thereafter PW. 3 Bhagi Ram went to his home and he informed the whole incident to his grand-father Kheta Ram and when he was preparing for going to the police Station PW. 9 Shagan Lal (I. O.) came there. iii) On the Parcha Bayan (Ex. P/4) of P. W. 3 Bhagi Lal recorded by PW. 9 Shagan Lal, a regular FIR Ex. P/12 was chalked out and police started investigation. iv) During investigation site plan (Ex. P/5) was prepared and through Fard Ex. P/8 the police seized simple soil and the soil which was stained with blood and through Fard Ex. P/9 police seized Jumper (Article 2) belonging to the deceased in presence of P. W. 5 Wajir Singh and P. W. 6 Nayab Singh on 21. 7. 1998. v) P. W. 7 Dr. Chandra Bhan conducted post mortem of the body of the deceased and her post mortem report is Ex. P/11 and P. W. 7 Dr. Chandra Bhan opined that cause of death of the deceased was shock due to hemorrhage due to multiple injury. vi) Through Fard Ex. P/13 the accused appellant was got arrested on 22. 7. 1998 and during investigation he gave information (Ex/p/14) to P. W. 9 Shagan Lal on 24. 7. 98 that he could get recovered a kassi by which he murdered the deceased and in pursuance of that P. W. 9 Shagan Lal through Fard Ex. P/15 dtd. 24. 7. 98 recovered a kassi (Article 1) in presence of Mangla Ram and P. W. 4 Arjan Ram. vii) After investigation, the police filed challan against the accused appellant for offence under Section 302 I. P. C. in the court of Judicial Magistrate, Gharsana on 17. 9. 98 and through order dtd. 7. 10. 1998, the case was committed to the court of Sessions Judge, Sri Ganganagar from where it was transferred to the Court of Special Additional Sessions Judge (Women Atrocities), Sri Ganganagar. viii) Through order dtd. 22. 1. 1999 charge for offence under Section 302 I. P. C. was framed by the learned Special Additional Sessions Judge against the accused appellant who denied the same and claimed trial. xi) At the trial 9 witnesses were produced on behalf of the prosecution and thereafter statement of accused appellant under Section 313 Cr. P. C. was recorded and 1 witness was produced in defence. xii) At the conclusion of trial, the learned Special Additional Sessions Judge through judgment and order dtd. 17. 8. 2002 convicted and sentenced the accused appellant for offence under Section 302 I. P. C. inter alia holding. a) That the deceased died because of the injuries received by her especially injury No. 2 which was fracture on head and thus death of deceased was homicidal one. b) That learned Special Additional Sessions Judge placed reliance on the statement of PW. 3 Bhagi Ram who was son of the deceased and he did not find that P. W. 3 Bhagi Ram was falsely implicating his own father (accused appellant) and his statement was found reliable as the Parcha Bayan (Ex. P/4) was given by him on the same day i. e. just after the occurrence. c) That the learned Special Additional Sessions Judge further sought corroboration from the statement of P. W. 3 Bhagi Ram on two points (i) that the jumper (Article 2) belonging to the deceased was also stained with human blood of "a" Group and soil which was seized by police through Fard Ex. P/8 was also stained with human blood of "a" Group and (ii) that kassi (article 1) was also stained with human blood of same group and it was recovered through Fard Ex. P/15 on the information (Ex. P/14) of accused appellant. d) That the statements of witnesses P. W. 5 Wajir Singh and P. W. 6 Nayab Singh on the point that they had admitted in cross- examination that on enquiry P. W. 3 Bhagi Ram told them that he did not know who had murdered the deceased, were not found acceptable. e) That plea of alibi of accused appellant was rejected. f) That the evidence of recovery of kassi through Fard Ex. P/15 was found reliable and simple because witnesses of recovery i. e. Mangla Ram and P. W. 4 Arjun Ram were close relative of the deceased, their evidence could not be rejected. g) That there was motive on the part of the accused appellant to commit murder of his wife and this evidence was further corroborated from the statement of P. W. 3 Bhagi Ram. h) That the learned Special Additional Sessions Judge also placed reliance on the extra-judicial confession of the accused appellant made before P. W. 8 Murti Devi. i) That the prosecution evidence in this case was further corroborated by medical evidence which was found in the statement of P. W. 7 Dr. Chandra Bhan and post mortem report Ex. P/11. xii) After being aggrieved by the judgment and order dtd. 17. 8. 2002 passed by the learned Special Additional Sessions Judge by which he convicted and sentenced the accused appellant for offence under Section 302 I. P. C. , the accused appellant has preferred the present appeal.

(3.) P. W. 7 Dr. Chandra Bhand has stated that cause of death of the deceased was shock due to hemorrhage due to multiple injuries.