NARENDRA SINGH TOMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DEATH struck Geeta Devi, a house wife, all of a sudden, at a time, most unlikely. She was neither careful nor beware. She never thought even in her dreams that her servant, who was sleeping on the floor of her drawing room on the fateful night, would become enemy of all faith reposed in him and kill her. Narendra, the appellant herein, was nabbed for committing murder of Geeta Devi and put to trial before the learned Additional Sessions Judge (Fast Track) Jaipur District Jaipur, who vide judgment dated January 22, 2003 convicted him under Section 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months.

(2.) THE prosecution story is woven like this:- Shyam Sunder Goenka, was residing along with his wife Geeta Devi, old mother and servant Narendra in Sector 3 of Kesri Chand Chaudhari Nagar Bagru. On August 1, 1994 while his mother had gone to Jaipur to reside with his elder son, he came to his house at 10. 40 p. m. and slept in the chowk of his house. His wife was sleeping in the bedroom whereas Narendra was sleeping on the floor of drawing room. On August 2, 1994 he woke up at 6 a. m. and called his wife and servant but there was no response from inside. On entering into the bedroom he found his wife lying dead on the floor in a pool of blood. Narendra was missing from the house. Shyam Sunder Goenka submitted written report at Police Station Bagru where a case under Section 302 IPC was registered and investigation commenced. Necessary memos were drawn. Dead body was subjected to autopsy, statements of witnesses were recorded and the appellant was arrested. On completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jaipur District Jaipur. Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 17 witnesses. In the explanation under Section 313 Cr. P. C. the appellant claimed innocence. He stated that he had no connection with the crime. While he went to police station for police verification, he was implicated falsely in the instant case. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) A look at the post-mortem report (Ex. P-17) demonstrates that death of Geeta Devi was homicidal. She received following ante mortem injuries:- 1. Incised wound 2 x 1/4cm skin deep with clotted blood on Lt. side of neck, placed transversely. 2. Incised wound 1-1/2 x 1/2 cm x skin deep with clotted blood opposite frags of Linear placed transversely. 3. Incised wound 1 x 1/2cm x skin deep with clotted blood on Lt. side of neck lower position. 4. Incised wound 2 x 1/2 cm x muscle deep with clotted blood on Rt. lat side of neck middle posterior placed transversely. 5. Incised wound 1 x 1/4 cm x skin deep with clotted blood, on Lt. side back of chest upper 1/3rd placed transversely. 6. Incised wound 1-1/2 x 1/4 cm x skin deep with clotted blood on upper 1/3rd of back of chest in middle portion, placed transversely. 7. Incised wound 2 x 1/2 cm x thoracic cavity deep with clotted blood placed transversely obliquely on Rt. lat side of chest lower 1/3rd portion. On further discretion wound piercing skin & fascia & entering chest cavity in 8th inter costal space laterally piercing the inter costal muscle. 8. Incised wound 1 x 1/2 cm x skin deep with clotted blood, placed obliquely on upper 1/3rd of Lt. arm anteriorly. 9. Incised wound 1-1/2 x 1/2 cm 10. Incised wound 3 x 1-1/2 cm x muscle deep with clotted blood placed obliquely on medial aspect of Lt. arm lower 1/3rd. 11. Incised wound 1 x 1/4 cm x skin deep with clotted blood, on Rt. palm middle portion. 12. Incised wound 2 x 1/4 cm x skin deep with clotted blood, placed transversely obliquely on dorsum of Rt. middle finger at its base. 13. Two abraded bruises of size 4 x 3 cm & 3 x 3 cm reddish in colour placed on Lt. cheek one below another with indentation marks at their peripheries. 14. Abraded bruise 4 x 3cm reddish on Rt. cheek middle portion with indentation marks at its periphery. 15. Abraded bruise 3 x 2 cm reddish in colour opposite fragn of Rt. ear with indentation marks of its periphery. 16. Lacerated wound 2 x 1/2 cm x skin deep with clotted blood on Rt. lower eyelid. 17. Abrasion 1 x 1/2 cm on Rt. upper eyelid. 18. Abraded bruise 1 x 1/2 cm near Rt. angle of mouth with indetation marks on periphery. 19. Linear fusion 1 cm long placed obliquely with clotted blood of Rt. nostril. 20. Abrasion 1 x 1/2 cm with clotted blood on sternal region upper part. 21. Abraded bruise 4 x 1/2 cm reddish in colour on Lt. side front of chest upper 1/3rd placed obliquely. In the opinion of Doctor of P. C. Vyas (PW-7) the cause of death was hemorrhagic shock as a result of injury to vital organs i. e. liver accentuated by other multiple injuries. Thus the prosecution is able to establish the homicidal death of deceased.