KISHAN BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS D.B. Criminal Jail Appeal has been filed by accused appellant Kishan Bahadur against the judgment of conviction and order of sentence dated 06.02.2002 passed in Sessions Case No. 128/2001 by Addl. Sessions Judge (Fast Track), Anoopgarh, District Sri Ganganagar, whereby he has been convicted and sentenced as under:

(2.) BRIEFLY stated, the facts giving rise to the present case are that on 07.10.1999 at about 9.15 A.M. PW1 Rajesh Kumar submitted a written report Ex.P/1 in the Police Station Vijay Nagar stating inter alia therein that he is owning a book -shop in Indira Market, Vijay Nagar in the name of Jyoti Pustak Bhandar. On 06.10.1999 at about 8 PM when he alongwith his younger brother Hemraj and one neighbour Satish Kumar were at the shop and were about to close the shop, at that time accused Kishan Kumar in a drunken state came there and demanded a sum of Rs. 20/ - for purchase of liquor to which they did not agree. The accused on refusal of demand made by him got annoyed and threatened them to face dire consequences and left the shop. They closed the shop and went to their residence. On the other day i.e. 07.10.1999 in the morning at about 8 AM when he (informant) and his younger brother came to the shop, Satish Kumar came there as usual to read newspaper and started reading newspaper. His brother sat at the counter and he started cleaning the shop. At that time, at about 8:15 AM accused having a knife (Chhuri) in his hand came there and inflicted knife blow on the right side of the stomach of Hemraj. The accused did not stop there but gave another knife blow at the left side of the chest and when Satish Kumar tried to save his brother, the accused inflicted knife blows on the left side of the chest of Satish Kumar and also inflicted blows on the back and other parts of the body. It has further been stated that Satish Kumar died then and there. His brother Hemraj was seriously injured. Accused, thereafter, ran away. It has further been stated that when accused was inflicting knife blows on the person of Hemraj and Satish Kumar, the neighbourers owning shop there namely Devendra Kumar, Rajendra Prasad and Titoo - the brother of the deceased, also came there. All of them have seen the incident.

(3.) DURING the course of investigation, PW10 Satpal Middha, SHO, Police Station, reached at the spot and prepared Site -plan and Inspection Note, respectively Ex. P/3 and P/3A in presence of PW2 Devendra Kumar and PW3 Lakhveer Kumar @ Lakhi on 07.10.1999. A pair of Chappal, smeared with blood, was found at the spot which was seized and sealed through memo Ex.P/4 in presence of Devendra Kumar and Lakhveer. The clothes smeared with blood of injured Hemraj and the clothes of deceased Satish Kumar were seized and sealed by the police through memos Ex.P/6 and P/5 respectively Fard Surat Hall Lash (Ex.P/7) and Fard Panchayatnama (Ex.P/8) of the deceased were prepared in presence of Shyam Nagpal and Prem Kumar. The accused was arrested through memo Ex.P/29 on 07.10.1999 at 6:10 PM and in the custody he made a disclosure statement Ex.P/31 on 10.10.1999 at 8 AM voluntarily to get recovered the knife, wrist watch and clothes smeared with blood worn by him at the time of incident from his room. In pursuance of disclosure statement Ex.P 31, he got recovered his clothes, wrist watch and knife through memos Ex.P9 & P10 on 10.10.1999 in the presence of PW6 Premdas and Suresh Munjal. Site Inspection Note and Site -plan of the place from where the articles were recovered were prepared by PW/10 S.P. Middha which are respectively Ex. P 11 and P/11A in the presence of PW6 Premdas and Suresh Munjal on 10.10.1999. Post -mortem of the dead body of Satish @ Kali was got conducted by PW7 Dr. Devilal on 07.10.1999 and the postmortem report is Ex.P/12. Injured PW5 Hemraj was also examined by PW7 Dr. Devilal on the very same day and was referred to PBM Hospital, Bikaner looking to his serious condition. His injury report is Ex.P/13. Photographs of the site were taken by PW9 Jangir Singh. The Photographs are 12 in number, which are Exts.P/15 to P/26 and the negatives thereof is Ex.P/27. After postmortem of the dead body of deceased Satish, the same was handed over to Shri Vijay Kumar, uncle of the deceased. Sealed articles smeared with blood were sent to FSL, Jodhpur for examination. The FSL report is Ex.P/32. The entries regarding the articles deposited in the Malkhana Register in sealed condition are Ex.P/33 to P/35. The articles remained in the sealed condition till the same were sent to FSL for examination. The deposit receipt of the articles sent to FSL, Jodhpur is Ex.P/37. Hemraj was operated at Bikaner hospital and his operation note prepared by PW15 Dr. Sunil is Ex.P/15.