MEH RAM Vs. STATE

JUDGEMENT

(1.) By filing aforementioned regular and jail appeals, accused-appellant Meh Ram has challenged the judgement dated 5-9-1985 passed by Sessions Judge, Merta in Sessions Case No. 53 / 84 whereby he has been convicted for the offence under S. 302, I.P.C. and sentenced to life imprisonment.

(2.) Briefly, the facts unfolded during trial are that in the night intervening 11th and 12/06/1984, a 'Satsang' (prayer meeting) was organised at the Dhuna of late Shiv Nath Ji Maharaj in the Math situated near village Rol Chandawata, wherein hundreds of male and female devotees participated. One old lady aged about 75 years, who had renounced the world and become Sanyasin and whose dead body was later on identified as that of Smt. Ganga by her son PW 6 Devi Chand also attended the said 'Satsang,' wherein she also sung 2-3 Bhajans. It is alleged that at about 4.00 a.m. Smt. Ganga went out side the Math for passing urine. Immediately, thereafter PW 1 Roop Nath, the disciple of late Shiv Nath Ji and Incharge of the Math, PW 2 Moola, PW 3 Sawai Singh, PW 4 Girdhari and others heard the cries "Mare Re - Mare Re". Thereupon the afore-mentioned persons along with Nathu Singh and others reached near the gate of the Math, where they saw appellant inflicting blow on the head of Smt. Ganga by a 'Babool' stick popularly known as 'Jattu'. Thereupon,the afore-mentioned persons caught hold of the appellant. Smt. Ganga, ,who had sustained two injuries on her head, fell down and within a few minutes died. It is alleged that the appellant, who is resident of village Godeda had accompanied PW 2 Moola Ram and had come in latter's cart in the preceding night at about 9.00 p.m. from village Rol Chandawata and attended the 'Stasang'. On 12-6-1984 at about 7-45, PW 2 Moola Ram submitted a written report Ex. Pl about the said incident before PW 9 Jagdish Singh, the then SHO, Police Station, Merta Road. Jagdish Singh scribed the formal FIR Ex P 12, visited the site, which was about 12 kms. away from the Police Station and found that dead body of Smt. Ganga was lying at about 14 ft. away from the gate of Bhuna, having injuries on the head. He prepared the site-plan Ex. P.4, memo thereof Ex. P.3, inquest report of the dead body Ex. P5 and the inquest report Ex. P.6. He also arrested the appellant, who was apprehended by the devotees vide arrest memo Ex. P.7 and seized the 'Babool' stick 'Jattu' Art. 1.

(3.) P.W. 7 Dr. Mohd. Shoukat, conducted the post-mortem of the dead body of Smt. Ganga. He found an extensive lacerated wound 7 cm. x 11/2 cm. x 1l/2 cm. over the frontal region of the scalp underlying the frontal bone, causing fracture. He also found another extensive lacerated wound 9 cm. x 2 cm. x 2 cm. over the occipital of the scalp, 9 cm. posterior upper margin of ear extending downwards. The underlying occipital bone was fractured. On dissection, he noticed subdural haemohrrage at the frontal and occipital region of the scalp and the brain was lacerated. In his opinion, the cause of death was laceration of brain and shock due to extensive haemohrrage. The Investigation Officer also got the dead body of that lady photographed. The photo being Ex. P.10. He also sent the appellant for his medical examination for his physical and mental assessment PW 7 Dr. Mohd. Shoukat examined the appellant on 13-6-1984. He found that the appellant bore normal gait and that his behaviour was normal. The appellant was fully conscious of the environment. He responded the questions put to him in full sense and in normal way. The appellant was found neither anxious nor excited. He bore normal presence of mind and his physical power was normal. The doctor vide his report Ex. P.11 opined that the appellant bore normal physical and mental status at the time of the investigation, the police submitted a challan against the appellant in the court of learned Additional Sessions Judge, Merta, who committed the case to the learned Sessions Judge. Merta. The appellant denied the indictment for the offence under Section 302 I.P.C. and asserted that he did not commit the murder of Smt. Ganga Bai and claimed trial. The prosecution examined nine witnesses. The appellant in his plea recorded under Section 313 Cr.P.C. denied all the circumstances appearing against him in the prosecution evidence and stated that on the day of alleged incident, he had not gone to the Dhuna of Shiv Nath Ji Maharaj, that he was in his village Godedi from where the police had arrested him. He further stated that he was not of sound mind and that he was sent to Jodhpur for his treatment. However, he did not adduce any evidence in his defence except an undated certificate of Dr. S. C. Bhargava and his discharge certificate dated I 5-9-1984, wherein he was diagonised for the disease of Schizophrenia. However, those certificates were not got proved. The learned Sessions Judge held that the appellant had inflicted fatal blows on the head of Smt. Ganga by 'Jattu' Art. 1 and committed her murder and that he was not under any legal insanity at the time of the alleged incident and as such he was not entitled for protection of provisions of Section 84 IPC. He accordingly by his impugned judgement found the appellant guilty under Section 302 IPC and sentenced him as aforesaid. Hence this appeal.