RAJU @ JASVINDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The limited controversy in the present appeal pertains to nature of offence and therefore, the limited facts that need notice reveal that Shankar Sindhi for whose murder the appellants were tried died on 9.3.1999 in an occurrence that took place at 10.15 P.M.. An F.I.R. with regard to the incident was lodged on the same date at 11.45 P.M. by S.H.O. Shri Swaraj Mal Meena PW-1. In the F.I.R. Ex.P-1 Mr. Swaraj Mal Meena, got recorded that he alongwith Ramesh Chand FC 1376, Ramesh Chand 1207, Heera Lal ASI, Jeep driver proceeded to the place of incident in connection with daily diary report No. 541 and after visiting the place of incident came to police station and the situation was like that they reached to the place of incident Rangbari scheme pursuant to telephonic information and behind the drain and they reached before the house No. 1-F-33 from where they saw two persons whose clothes were stained with blood were carrying the person while pulling him through the broken wall of the drain and when they asked about their names, one person revealed his name as Raju Punjabi son of Chet Singh by caste Punjabi age 21 years, resident of near the statue of Indira Gandhi, Gobariya Bawadi, Kacchi Basti and other one revealed his name as Mukesh Saxena son of Sushil Kumar, by caste Kayasth, age 27 years, resident of 3-B-21, Mahavir Nagar III and they also revealed the name of injured person Shanker Sindhi and when he and Sub-inspector and other persons of police party checked him, they found him fully unconscious and noticed one sharp injury on the thigh of his right leg and large quantity of blood was oozing out of the wound. Because of the need of immediate medical aid, he, Sub-Inspector alongwith the police party and the two persons, namely Raju Punjabi and Mukesh Saxena took the injured in the police jeep to MSS hospital and with the aid of police party, the injured was taken on the stretcher to the duty doctor and the duty doctor after examination revealed that this person had died. The dead body of the deceased was kept in the, mortuary and for keeping surveillance police constable Narendera 276 was left over there with proper instructions. He, S.I. alongwith police party and suspected persons Raju Punjabi and Mukesh Saxena came back to police station.

(2.) Swaraj Mal Meena further stated that It was clear from the injuries of Shanker Sindhi that he was killed and because of the blood stained clothes of Mukesh Saxena and Raju Punjabi, it was clear that these two persons had committed the crime so they were taken to police station for interrogation. The case from the above facts appears to be of 302/34 Indian Penal Code., so the case No. 85/1999 was registered in the above sections and the investigation was started. Copies of the F.I.R. and special report were issued as per rules.

(3.) The prosecution examined Dr. P.P.C. Vyas - PW-13, who stated that on 10.3.1999 at 10.15 A.M. he had conducted post mortem on the dead body of Shanker Sindhi. Shanker Sindhi had died 24 hours before his post mortem was conducted. The doctor proved post mortem report as Ex.P-29. On the dead body of Shanker Sindhi, the doctor found following four injuries: