ANAND SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 5. 05. 2001 passed by learned District & Sessions Judge, Jodhpur in Sessions Case No. 65/1998-State vs. Anand Singh whereby the accused appellant has been convicted under Sec. 302 and sentenced to imprisonment for life and pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo simple imprisonment for one month. The period of accused- appellant's remaining in police and judicial custody during investigation & trial of the case is made adjustable in the main sentence under the provisions of Sec. 428 IPC.

(2.) THE present appeal arises in the following circumstances: 1. PW7 Mukesh submitted a written report Ex. P/12 at Police Station, Pratap Nagar, Jodhpur on 26. 03. 1998 at 10:10 in the morning, inter-alia stating that at about 9:30 in the morning when he was at his house, Bajrang Singh-a domestic servant (since deceased, hereinafter to be referred to as `the deceased'), was doing some work in the Bara (a shelter place of cows and bufallows ). At that time, accused Anand Singh came to the house of the informant PW7 and from the outside of the house he called the deceased. On his call, deceased Bajrang Singh went out and as he reached on the road, in front of his house, the accused started beating and inflicting knife blows on the person of the deceased. He alongwith his elder brother went there hearing the hue and cries and tried to get Bajrang Singh out of the clutches of the accused but the accused even after Bajrang Singh falling on ground sat on the chest of Bajrang Singh and gave knife blows. After a great deal of difficulty and catching hold of the accused and by exerting pressure and force the knife held by the accused could be released to fall on the ground. At that time, Barkat PW4 also came there. THE deceased died at the spot due to several injuries sustained at the hands of accused. Information about the incident was also given at the Police Station. THE dead body of the deceased was taken to Mahatma Gandhi Hospital by PW32 Sohanlal-elder brother of the deceased. THE accused was caught at the spot and was handed over to the police. In the Police proceedings, the motive mentioned for the incident was that the deceased a few months before the incident had told the accused not to tease the school girls. 2. On the basis of above report, a case No. 117/1998 was registered in the Police Station, Pratap Nagar under Sec. 302 IPC and a regular FIR Ex. P/18 was chalked out. During the investigation, site was inspected and inspection memo of site Ex. P/1 and Site Plan Ex. P/2 were got prepared by PW14 Dinesh in the capacity of SHO, Police Station, Pratap Nagar on 26. 03. 1998. THE blood smeared soil and control soil samples were taken and seized through Fard Ex. P/3 & Ex. P/4. THE accused was arrested through Fard Ex. P/6 on 26. 03. 1998. THE knife smeared with blood lying on the earth was seized and sealed through Fard Ex. P/7 and the clothes of the deceased smeared with blood were seized and sealed through Ex. P/8. All these memos & Fards were prepared in the presence of PW1 Mool Singh & PW5 Pukhraj. Fard Panchayatnama was also prepared. THE Panchas were of the opinion that the deceased died due to injuries sustained by the deceased by sharp edged weapon. THE clothes of the accused were also taken by the police. Clothes of PW7 Mukesh were also seized by the police through Fard Ex. P/5 as the same were having blood spots. THE post-mortem of the dead body of the deceased was got conducted by PW13 Dr. N. S. Kothari and the Post-mortem Report is Ex. P/15 wherein it was opined that the cause of death of deceased was shock and haemorrhage due to injuries sustained on lungs, heart and anterior wall of stomach on account of multiple stab wounds. 3. After usual investigation, police submitted challan against the accused for the offence under Sec. 302 IPC in the Court of Addl. Chief Judicial Magistrate, Jodhpur. After committal from there, it came to the Court of learned District & Sessions Judge, Jodhpur and on 14. 07. 1998 after hearing both sides, the learned District & Sessions, Jodhpur framed charge under Sec. 302 IPC against the accused appellant. THE charge was read over and explained to the accused appellant, who denied the charge and claimed trial. During the course of trial, the prosecution got examined 15 witnesses and tendered 18 documents in evidence. THEreafter, the statement of accused under Sec. 313 Cr. P. C. was recorded wherein accused made a simple denial and claimed to be innocent. In defence, no witness was produced. However, certain police statements were got exhibited. After conclusion of the trial, the learned Sessions Judge, Jodhpur, through impugned judgment and order dated 05. 05. 2001 convicted the accused appellant for the offence under Sec. 302 IPC and sentenced him as indicated above. 4.THE accused being aggrieved of the said judgment and order dated 05. 05. 2001 passed by the learned District & Sessions Judge, has filed this appeal.

(3.) PW13 Dr. N. S. Kothari in his statement recorded in the Court has stated that on 26. 03. 1998 he was posted in Mahatma Gandhi Hospital as Professor of Forensic Medicines. On that day, on police requisition he conducted post-mortem of the dead body of deceased Bajrang s/o Kesuram, resident of Suthala at about 12. 45 noon. He noticed following injuries on the person of the deceased. 1. Incised wound (stab) 1. 5cm x 0. 5cm upper 1/3rd left side of neck (vertical) below left ear lobule near angle of mandible (muscle deep) 2. Incised wound 1. 5cm x 6. 5cm on the right chest just below medial end of clavicle (oblique) 3. Incised wound (stab) 2. 0cm x 0. 5cm on the upper bone of left chest below left clavicle about 2. 0cm away from mid line. 4. Incised wound (stab) 1. 5cm x 0. 5cm on the upper part of chest left side about 1. 0cm away from midline and about 3. 0cm below injury No. 3. 5. Incised wound (stab) 2. 0cm x 0. 5cm on the left chest near left nipple oblique and medial to nipple. 6. Incised wound 2. 0cm x 0. 5cm on the upper bone of right chest near axilla and shoulder 7. Incised wound (stab) 1. 5cm x 0. 5cm on the upper part of abdomen about 1. 5cm away to midline on the upper side of abdomen. 8. Incised wound 1. 5cm x 0. 5cm muscle deep lower 2/3 left arm anteriorly 9. Incised wound 2. 0cm x 0. 5cm muscle deep left lumber region. 10. On opening the chest and abdomen-There is cutting of muscle in space between 1st and 2nd inter coastal space with cutting of right upper lobe of lung about 1. 0cm x 0. 3 cm with hemorrhage about 350 ml. (underneath the injury No. 2) There is cutting of muscle between 1st and 2nd rib left side of chest with cutting of left upper lobe of lung 1. 0cm x 0. 5cm x 0. 5cm underneath injury No. 3. There is cutting of pericardium and heart 1. 0cm x 0. 3cm x muscle deep left vent ride underneath injury No. 4. There is also cutting of pericardium and heart 1. 5cm x 0. 5cm x muscle deep (through upto cavity) underneath injury No. 5 with cutting of 4th rib and peritoneal cavity is full of blood about 200 ml. And 1. 5cm x 0. 5cm there is full peritoneal cavity about 500ml. Left side. 11. On opening the abdomen there is cutting of muscle, perforation presenting and anterior wall of stomach underneath injury No. 7 and peritoneal cavity contains blood about 300m. All the injuries were ante-mortem in nature. In the opinion of the doctor the cause of death was shock and haemorrhage due to cutting of both lungs (respiration), heart and anterior wall of stomach due to multiple stab wounds.