JUGRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Additional Sessions Judge (2), Hanmangarh dated March II, 1981 convicting the accused Jugrajsingh under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 4000/ - in default of the payment of fine to further undergo three years' rigorous imprisonment.

(2.) IN brief, the prosecution case is that the accused had two brothers Gurudeosingh and Kakasingh. The deceased -victim Mst. Tej Kanwar was married to Gurudeosingh and from him she gave birth of to five sons, namely, Gurupalsingh, Nachhatrasingh (PW 7), Bikarsingh (PW 4), Iqbalsingh (PW I) and Darshansingh (PW 5). The death of Gurudeosingh took place nearly eight years before the incident (Nov. 1979). Nearly after four years of his death, Mst. Tej Kanwar became the wife of accused Jugrajsingh and started living with him in his house in village Sunderpura P.S., Sadulsahar, district Sri Ganganagar. The accused is hot headed and tribulant by nature. Kakasingh was killed and the accused was tried on a charge of his murder. Mst. Tej Kanwar was the only eye witness in that case. She stated nothing against the accused with the result that he was acquitted, early 1 -1/2 months before the incident, the accused made an assault on PW 5 Darshansingh and inflicted injuries to him. Darshansingh lodged a report against the accused at the Police Station. The accused's assaulting and belabouring Darshansingh (PW 5) pricked and annoyed Mst. Tej Kanwar. She left the accused's roof and started living with her sons in their house in the same village Sunderpura. The accused got highly displeased with this action of Mst. Tej Kanwar. At about 2 00 p m. on November, 7, 1979, Mst. Tej Kanwar was alone in the house of her sons. Darshansingh (PW 5) w. s away at Sri Ganganagar while the others were working in the field. Accused Jugrajsingh went where Mst. Tej Kanwar was sitting in the house with a sword in his hand. He inflicted numerous injuries on Mst. Tej Kanwar with his sword. Mst. Tej Kanwar ran hither and thither in the house, but the accused continued to strike blows to her with his sword. Mst. Tej Kanwar fell down and died on the spot. While the accused was striking blows to Mst. Tej Kanwar, PW 2 Gurmitsingh (aged about 8/9 years) and PW 3 Lakhvindrasingh (aged about 6/7 years), who are sons of Nachhatrasingh (PW 7) came there in the house. PW 1 Iqbalsingh also happened to come there when the accused, after inflicting the injuries, was running away from the door of the house. Iqbalsingh sent Gurumitsingh and Lakhvindrasingh to the field to bring his brothers to the house. Both the children went to the field and narrated the incident to PW 4 Bikarsingh and PW 7 Nachhatrasingh. They all came to their house, where Mst. Tej Kanwar was lying dead with multiple wounds on her body. Nachhatrasingh left to go to the police station to lodge the report, but he could not catch the bus. He came back to his house. In the evening, Darshansingh returned from Ganganagar. He was apprised of the incident. Since it had become night, he could not leave the house to go to the police station. Next morning, he went on foot to the police station, Sadulsahar and verbally lodged report Ex. P 2 of the occurrence at about 11.00 a.m. The police registered the case. The usual investigation ensued. The Station House Officer Richpalsingh (PW 8) arrived on the spot. He inspected the site and prepared the inquest of the victim's dead body. The medico -legal autopsy of the victims dead body was conducted by PW 6 Dr. S.P. Jakhar the then Medical Officer Incharge, Primary Health Centre, Sadulsahar. The post -mortem report was prepared by him is Ex.P 4. The doctor noticed as many as eleven ante -mortem incised wounds of varying dimentions on the victim's dead body. In the opinion of Dr. Jankhar, the cause of death of Mst. Tej Kanwar was shock and syncope as a result of injuries to the vital organs and haemorrhage. The injuries were stated to be sufficient in the ordinary course of nature to cause death. The doctor was also of the opinion that the incised wounds found on the victims's dead body were inflicted with a sharp -edged weapon like sword (Article 1). The blood -stained clothes of the victim were seized and sealed. On the completion of investigation the police filed a challan against the accused in the Court of Judicial Magistrate, Hanumangarh who, in his turn, committed the case for trial to the Court of Sessions. The Sessions Judge framed a charge under Section 302, IPC, to which the accused pleaded not guity and claimed to be tried. He denounced the whole prosecution story as a false and fabricated piece of concoction and claimed absolute innocence. According to him, since the sons of Mst. Tej Kanwar were not happy with him as she was living with him as his wife, they have implicated him on a false charge of her murder. In support of its case the prosecution examined ten witnesses and filed some documents. In defence, the accused adduced no evidence. Out of the ten prosecution witnesses, PW 2 Gurumit Singh and PW 3 Lakvinder Singh had claimed to have seen the incident and the accused striking the blows to the deceased -victim with a sword and PW 1 Iqbalsingh claimed to have seen the accused running away from the place of the incident. The learned Sessions Judge accepted the testimony of these witnesses as true and credit worthy. He, therefore, held the charge duly proved against the accused. The accused was consequently convicted and sentenced as mentioned at the very out -set.

(3.) MR . Purohit did not challenge the opinion of Dr. Jakhar (PW 6) about the number and nature of the injuries found on the victim's dead body and the cause of her death. We have also gone through the testimony of Dr. Jakhar and find no reasons to distrust his opinion relating to the cause of death of the deceased -victim Mst. Tej Kanwar. The death of Mst Tej Kanwar was, thus, homicidal.