RAMANUJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was prosecuted in case FIR No. 91/1989, of Police Station - Govindgarh, with the allegations that he had committed offences punishable under Ss. 302 and 309 of the Indian Penal Code (IPC), in the Court of the learned Sessions Judge, Jaipur District, Jaipur, who, vide the impugned judgement dated 7th February, 1994, has convicted him under S. 302, IPC and vide the impugned order of the same date, has sentenced him to undergo imprisonment for life and to pay a fine of Rs. 100/-, or in default payment of fine, to undergo simple imprisonment for a further period of one month. The prosecution-story was as under :-

(2.) On 7th July, 1989, Mukesh Sharma (PW 1) had come to Police Station - Govindgarh and had submitted a report (Ex. P. 1), to the SHO, Prahlad Singh (PW 12) (the Investigating Officer), stating that at about 11-30 a.m. that morning, while he was sitting with Bajrang Jat, at his 'Chhappar', situated on the main road, his younger-brother. Srinivas, came running to him and told him that their father had been killed by Ramu Kaka (the appellant) and thereupon, he (PW 1) came to his house near the well at 'Mahanto-ki-Dbani', where he found his father lying dead on the floor inside the room and blood coming out of his head and the appellant standing with a blood-stained 'Khusha' in his hand, and at his asking as to what had happened, the appellant told him that he had killed his (Pw 1's) father and that unless he ran away from there, he would kill him also and thereupon, he came running to his residential house and informed this fact to his mother and to his uncle, Ramgopal, and that his father had been killed due to a dispute regarding land and his deadbody was lying at his house in the 'Dhani'. The SHO made and endorsement at the foot of Exhibit-P/1 and registered the case vide formal FIR No. 91/1989 (Ex. P. 2) and proceeded to the spot, where, he found the deadbody of Raghavdas (the deceased), father of the PWs 1 and 2, lying dead and blood, scattered around the place. He also found the appellant, sitting in the same room and having injuries on his person. He prepared the site-plan (Ex. P. 3) of the place of occurrence and took photographs (Exs. P. 4 to P. 8), showing the deadbody lying at the spot form different angles. The investigating Officer sent the appellant to Government Health Center, Govindgarh (the Health-Center), where a request for conducting post-mortem examination of the deceased, at the spot, was also sent. In the Health-Center. Dr. Rakesh Kaushik (PW 10), examined the appellant at about 2.10 p.m. and found him to be conscious and his general conditions to be satisfactory, his blood-pressure to be 130/80 and pulse-rate to be 110/M and he further found that the appellant could walk but was complaining of weakness. He (the doctor) found one lacerated wound, measuring 5" x 3/4" x 1/2" x 1/4", in the middle of his scalp and the midline skin was separated towards inner side of wound on the right side, besides four abraisons of the sizes of 4", 5", 5" and 31/2", almost paralle to each other at the back of neck, stretching towards right side. He opined that both the injuries were caused by blunt weapon and that the injuries of abraisons, were simple in nature, but advised X-Ray examination for determining the nature of the injury on the scalp. He prepared his report (Ex. P. 20). The X-Ray examination of the appellant was done in the SMS Hospital, Jaipur, where, no fracture was found and the report (Ex. P. 29) was made in this respect.

(3.) After examining the appellant and preparing the report (Ex. P. 20), the doctor proceeded to the spot, where, he found the deadbody of the deceased, which was well-built and fairly nourished, wearing a 'Lungi' and lying flat in a small 'Kachcha' room in the field and a pool of blood near the head and in an area of about 2-3 feet from the head on one side. On external examination, he found the following injuries on the person of the deceased :-