CHANDRA MOHAN ALIAS CHANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal by appellant Chandra Mohan @ Chanda sent through Superintendent Central Jail, Jaipur arises out of the judgment and order dated 31. 10. 2002 passed by the learned Judge Special Court (Fake Currency Cases), Jaipur City Jaipur by which the learned Judge has convicted the appellant for offence under Section 302 IPC and sentenced him to life imprisonment with a fine of Rs. 1000/ -. In default of payment of fine, to further undergo 3 months' rigorous imprisonment.

(2.) ON 20. 9. 2001, Kumar Reema (PW1) who is none other than the daughter of appellant lodged a written report Ex. P-1 at Police Station Ramganj, Jaipur alleging therein that her father used to beat her mother Mst. Chhagani, since deceased. He had been quarelling with her mother continuously for last 3-4 days and had been threatening to kill her by cutting her neck. She alleged that her father was unemployed. Whenever her mother used to ask him to earn livelihood, he beat her. ON the day of incident at about 6. 00 AM her mother had gone to attend the call of nature. She had left for fetching water and her father was sitting out side the gate of her house. At about 6. 30 AM soon her mother reached near the house of Suwalal, her father caught hold of her and cut her neck. When she came running, she found her mother lying on the ground and blood was oozing out from her neck and her father ran away with knife (Chhuri) in his hand. Hearing her hue and cry, the persons of the vicinity collected there.

(3.) PW1 Mst. Reema, daughter of deceased and accused appellant in her statement has categorically deposed that on the day of incident at about 6. 30 AM when her mother returned after attending the call of nature and reached near the house of one Suva Lal, her father pressed the mouth of her mother and cut her neck. On her crying, the accused ran away. She stated in categorical terms, that her father cut the neck of her mother by knife (Chhuri) in front of the house of Suwa Lal. The witness made it clear that Chhuri was made of iron. She further categorically deposed she had seen her father striking knife blow. Her mother fell down on the ground and blood was oozing out from her neck. PW2 Rahul, son of the deceased and appellant has fully corroborated the statement of his sister PW1 Reema and has categorically deposed that it was the appellant who inflicted injury by knife on the neck of his mother. The statements of these two witnesses stand in corroboration with medical evidence. PW 20 Dr. O. P. Saini who conducted autopsy vide most post mortem report Ex. P-23 on the dead body found injury No. 1 i. e. incised wound 13 x 5 cm on neck upper part 6 cm below chin, transversely placed, 7 cm on right side and 6 cm on left side from mid line. On dissection of body, the jurist noticed cut of skin, subcutanens tissue, partial cut of right sterno mustoid muscle, cut of both superior horn of thyroid cartilage, muscles and ligaments between hyoid bone and thyroid cartilage, cut of right side external and internal carotid artery. In the opinion of doctor, the cause of death was shock due to haemorrhage as a result of injury No. 1 caused by sharp edged weapon, which was sufficient to cause death in the ordinary course of nature.