MANOJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Manoj was indicated by learned Session Judge, Ajmer in Sessions Case No. 64/98 for having committed murder of Sandeep Sinha. The appellant has been convicted under Section 302 IPC vide judgment dated January 6, 2001 and sentenced to suffer imprisonment for life and a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months. Against this judgment of conviction and sentence, the prevent action for filing the appeal has been resorted to by the appellant.

(2.) BRIEFLY stated the prosecution case is that PW4 Jorawar Singh Rathore S/o Bheru Singh Rathore, R/o-House No. 342/2. Krishna Colony, Ganj, Ajmer submitted a written report Ex. P3 to SHO. P. S. Ganj, Ajmer at 8. 20 p. m. on 9. 1. 98 with the averments that Sandeep Sinha S/o Kapil Dev is residing in his house as tenant. Today at 7. 15 p. m. his neighbour Manoj S/o Bansilal Yadav came at his house and he called Sandeep out of the house. For some time hot words were exchanged between them. Suddenly Manoj lifted a scissor which was lying there and inflicted injury on the testicles of Sandeep. Thereafter he and other residents of his locality took Sandeep to the hospital. His condition is precarious. On the basis of this written report Ex. P3. formal FIR Ex. P5 was written and the SHO registered a case under Section 307 IPC and investigation commenced. Jorawar Singh was examined under Section 161 Cr. P. C. by the Investigating Officer. On the intervening night of 9th and 10. 01. 1998 at 1. 45 a. m. Sandeep succumbed to his injuries and thereafter the investigation proceeded further for the offence under Section 302 IPC. Post-mortem examination on the dead body of Sandeep was conducted by PW11 Dr. B. K. Mathur, Medical Jurist, J. L. N. Hospital, Ajmer at 1. 30 p. m. on 10. 1. 98 and he prepared Post- mortem Report Ex. P17. The I. O. prepared "panchnama" of the dead body which is Ex. P1. On reaching at the spot he prepared Site Plan Ex. P4 and seized the blood stained `pillow' and one pair of `hawai Chappal' from the spot vide Seizure Memo Ex. P7. Blood was also seized from the place of occurrence vide Seizure Memo Ex. P8. Blood stained clothes of the deceased were seized vide Ex. P10. Statements of the witnesses were recorded under Section 161 Cr. P. C. The appellant was arrested and on his disclosure statement and at his instance. scissor was recovered from his house and the I. O. prepared Recovery Memo Ex. P15. On completion of investigation, the charge-sheet was laid in the Court of Additional Chief Judicial Magistrate No. 2, Ajmer, who committed the case to the Court of learned Sessions Judge, Ajmer.

(3.) IT is not in dispute that deceased Sandeep met with the homicidal death. PW11 Dr. B. K. Mathur stated on oath that on January 10, 1998 he was posted as Medical Jurist, J. L. N. Hospital, Ajmer and on that day at 1. 30 p. m. he conducted post- mortem examination on the dead body of Sandeep Kumar S/o Kapil Dev Sinha, aged 20 years, by caste-Kayastha, R/o-Krishna Colony, Ajmer and found the following injuries on his person:- EXTERNAL INJURIEs (1) Stab wound 1. 5cm. x 1cm. on inguinal region obliquely placed. (2) Stab wound 1. 5cm. x 1cm. on left lower abdomen. 3cm. above injury No. 1 and 11cm. below umbilicus-vertically placed. For both the injuries Dr. Mathur stated that depth could not be known before dissection of the body. INTERNAL INJURIEs Extensive hematoma seen in layer of abdominal wall. Peritoneum was cut. One litre of blood was found in abdominal cavity. Mesentery was cut in 1/2 x 1/2 cm. area and blood was also found in the same area. There was a cut of 3cm. x 1cm size in urinary bladder on upper part of left side.