BHOORA NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated Dec. 17, 1971 of the learned Sessions Judge, Balotra, whereby he convicted the accused-appellant Bhoora Nath for committing the murder of Janu Khan under section 302 Indian Penal Code and sentenced him to rigorous imprisonment for life and to pay a fine of Rs. 200.00; in default of the payment of which to further undergo simple imprisonment for three months. He was also convicted under sections 397 and 201 I.P.C and was sentenced to various terms of imprisonment. All the substantive sentences were ordered to run concurrently.

(2.) The prosecution story in a nutshell is that on Dec. 8, 1970 the accused-appellant inflicted injuries on the person of Janu Khan (since deceased) with a 'danda' Ex. 5. He also caused incised wounds on the person of Janu Khan (deceased) with a razor Ex. 13, cut the ear-lobes and removed the ear-rings. A finger ring and a purse Ex. 7, containing a receipt Ex. P. 17 were also removed from the person of Janu Khan (deceased). Janu Khan (deceased) used to graze his herd of sheep on the bank of looni river in the vicinity of village Bhooka near Bajna Dara. On the fateful day he had gone to graze his herd of sheep but in the evening the herd of sheep returned without Janu Khan on which PW 2 Ali got suspicious. He, in the company of Suman, Ramjan, Raythan and Ibrahim went in search of Janu Khan. When they reached near Bajna Dara, they noticed a pair of shoes, a small stick, pieces of glass and blood stained earth. The footprints of a bare-footed man were also visible. Following the footprints the search party reached up to the river. PW 1 Haji Sumar was sent to the Police Station, Sindari, who returned on the next morning with Prem Singh. After the arrival of the police the dead body was brought out of the river. A number of injuries were noticed on the dead body of Janu Khan. The ear-lobes were also found cut. Ear-rings and the finger-ring which the deceased used to wear were found missing from the dead body of Janu Khan. The purse containing Rs. 200.00 and the 'angocha' which Janu Khan (deceased) had taken with him while leaving his house were also found missing from the dead body. A first information report of this occurrence was lodged at the Police Station. Sindari at 10 A. M. on Dec. 9, 1970. The first information report is Ex. P. 1. The station House Officer reached the scene of occurrence at 1 p. m on Dec. 9. 1970 and took investigation in his hand. He prepared site-inspection memo Ex. P. 4 and site-plan Ex. P. 40. A pair of shoes Ex. 3, a small stick Ex. 4, and pieces of glass belonging to the deceased were seized and sealed. The seizure memo is Ex. P. 7. The blood-stained earth lying nearby was also seized and the seizure memo is Ex. p. 6. The inquest report is Ex. P. 5. The autopsy on the dead body of the deceased Janu Khan was performed by PW 31 Dr. Laxtnan Singh. The post-mortem report is Ex. P 24. At a distance of nearly 600 pawandas from the place of occurrence a broken 'danda' Ex. 5 was found lying, and as there were marks of blood on it, the same was seized and sealed on the spot. The seizure memo is Ex. P 9. The footprints going from the place of occurrence up to the river were also lifted by taking moulds of these footprints. The Panchnama regarding that prepared on the spot is Ex. P10. On Dec. 17, 1970 accused Bhoora Nath was apprehended. The arrest memo is Ex. P 13. On Dec. 19, 1970 the accused expressed his desire to get the pair of ear-rings Ex. 1 and finger-ring Ex. 2 recovered from PW 11 Jawer Chand with whom he had pledged them. The information memo is Ex. P 41 and the recovery memo is Ex. P 12. On Dec. 24, 1970 the accused expressed his desire to get the 'angocha' Ex. 11 belonging to the deceased and razor Ex. 13 with which the injuries on the person of Janu khan (deceased) were caused and a shirt Ex. 12 recovered. The information was reduced into writing and the information memo is Ex. P 43. The accused took the police party to Mansanath, who produced the razor Ex. 13. shirt Ex. 12 and 'angocha' Ex. 11. The seizure memo is Ex. P. 15. All these articles were seized and sealed on the spot. On Dec. 25, 1970 the accused expressed his desire to get the bag recovered from Sohan Nath with whom he had placed it. The information memo is Ex. P 44. In consequence of the information the Police went with the accused to Sohan Nath who produced the bag. The recovery memo is Ex. P 16. On Dec. 27, 1970 the accused again expressed his desire to get the purse belonging to the deceased Janu Khan recovered from the place of its concealment. The information memo is Ex. P 46. In pursuance of the information the Police party went with the accused, who took them to mile stone No. 11 and after digging a pit in the field of Bija Rebari brought out the purse Ex. 9. The purse contained a receipt Ex. P 17, alleged to have been executed by Misariya, a goldsmith, in favour of Janu Khan (deceased). The recovery memo is Ex. PH. The razor Ex. 13, 'angocha' Ex. 11 and 'danda' Ex. 5, cuttings from the 'chaddar'and the blood stained earth were sent to the chemical analyser and the serologist. The report of the chemical analyser is Ex. P 49 and the report of the serologist is Ex. P 48. A pair of ear-rings Ex. 1 and finger-ring Ex. 2 were got identified in test identification in the presence of the Sub-divisional Officer, Balotra on Jan. 5, 1971. The identification memo is Ex. P 3. The Police after usual investigation submitted a challan against the accused-appellant in the Court of Munsiff Magistrate, Balotra, who after taking proceedings under S. 207 A, Cr. P. C committed the accused to the Court of Sessions Judge, Balotra to stand rial. The accused pleaded not guilty to the charge.

(3.) The prosecution in support of their case examined 37 witnesses. The accused denied his complicity in the crime. He pleaded alibi and examined four witnesses in support of his defence. The learned Sessions Judge found that the prosecution case against the accused was proved beyond any shadow of doubt. He held that the accused Bhoora Nath was seen with 'Danda' Ex..5 and bag Ex. 6 in the vicinity of Janu Khan's 'Dhani' prior to the incident by PW 2 Ali and PW 35 Khinya Ram. He further held that the 'Danda' Ex. 5 was recovered at a distance of nearly 600 pawandas from the place of occurrence, and it was found in two pieces stained with blood. Injuries Nos. 4 and 6 mentioned in the post-mortem report of Janu Khan (deceased) could be caused by Ex. 5. The pair of ear-rings Ex. 1 and finger ring Ex. 2 which were worn by the deceased Janu Khan were recovered in consequence of the information given by the accused at his instance from PW 11 Jawer Chand with whom the accused had pledged them. All these articles were identified by PW 2 Ali, PW 14 Subhan, PW 17 Murid and PW 23 Misra to be those of the deceased Janu Khan in the identification parade as well as in the court. He further held that the razor Ex. 13 was recovered in consequence of the information given by the accused from the place of its concealment and it was found to be stained with human blood. The injuries Nos. 5, 7 and 8 mentioned in the post-mortem report Ex. P 24 could be caused by razor Ex. 13. The purse Ex. 7 with the receipt Ex. P 17 was also recovered in consequence of the information given by the accused-appellant Bhoora Nath. Chance prints on the pieces of glass, found at the place of occurrence, were also found identical with the right middle-finger prints of the accused-appellant Bhoora Nath and the footprints found on the place of occurrence leading the river from where the dead body of deceased Janu Khan was recovered were also found indentical with the footprints of the accused.