SARJOO DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated January 17, 1981 passed by the learned Addl. Sessions Judge, Sirohi, whereby the learned lower court has convicted the accused-appellant Sarjoo Das under s. 302 I. P. C. and has sentenced him to imprisonment for life together with a fine of Rs. 100/-and in default, to further undergo one month's rigorous imprisonment.

(2.) THE facts giving rise to this appeal briefly stated are, that Sarjoodas was married to one Kamla daughter of deceased Bajrangdas. It is alleged that Kamla and her three sisters were married on the same day before about four years of the occurrence. However, Kamla alone took her Gona and lived with her in-laws for about two years but later, some allegations were made against her that she was carrying on with her father-in-law and, therefore, she came to her father's house at village Nimbaj. After about 15-20 days of this, accused Sarjoodas came to take her back but she refused to accompany him whereupon, he tried to drag her. Her mother and others tried to intervene and raised a hue and cry, whereupon, their neighbour Khoomaram etc. came and they prevailed over Sarjoodas not to take away Mst. Kamla. Later, accused went to Ahmedabad where he was working. It may be worthwhile to mention here that Bajrangdas was not present at that time in the house. It is alleged that Sarjoodas became enraged on account of this incident and he, therefore, planned to kill his father-in-law Bajrangdas. He then purchased one axe (Art. 10) from one Barkat Khan at Jalore on December 11, 1979 and then he proceeded to his father-in-laws house situated at Nimbaj on December 11, 1979 at about 8 P. M. His mother-in - law, grand - mother- in -law and his sisters-in-laws were present in the house but his wife Mst. Kamla was not there. She has already been gone to her maternal uncle's house. As soon as he reached his inlaws house, he asked about his father - in - law. P. W. 5 Mst. Sarjoo, his mother in law, told him that he has gone to the shop of Nawal Mal Jain. He then asked his mother - in - law to call him because he has some work with him. At that time, he was armed with an axe. P. W. 6 Mst. Pushpa (younger sister of Mst. Kamla, who has been married to the younger brother of accused Sarjoodas, went to the shop of Nawal Mal Jain to call her father. Bajrangdas came to his house followed by Mst. Pushpa. As soon as he reached near the accused Sarjoodas, Sarjoodas inflicted a blow with an axe on his face which hit him on his mandible region. He immediately fell down. Mst. Pushpa, Mst. Dariya, Mst. Sarjoo and Mst, Sarjoo's mother-in-law started crying which attracted the attention of P. W. 1 Raghunathsingh who came to purchase some Bidis from the shop of Nawal Mal Jain. He immediately ran towards the house of Bajrangdas. He saw one man running from the house of Bajrangdas armed with an axe. When he reached inside the house of Bajrangdas, he was informed that Sarjoodas has killed Bajrangdas. He then called certain persons of the village and later reported the matter at Police Station, Anadara. THE report was initially recorded in the Rapat Rojnamcha (Ex. 1 A) and on the basis of that a formal F. I. R. (Ex. P. 2) was drawn This report was made in the night at O. 15 A. M. on December 12, 1979. P. W. 1 Raghunath Singh went there to report the matter in the Zeep of Shri Hari Singh, who also accompanied him. THEy also informed P. W. 2 Laxmandas, who is brother of the deceased, about the incident. After the report was lodged, the police immediately came into action. THE site was inspected by the Police and the site inspection memo Ex. P. 3 was prepared. THE description memo (Ex P4.) of the dead body of Bajrangdas was prepared. THE blood stained soil and controlled soil etc. were taken into possession vide memo Ex. P 5. A report under s. 174 Cr. P. C. was prepared and it has been marked Ex. P6. THE accused Sarjoodas was arrested vide memo Ex. P22 and on his information and at his instance, a blood stained axe was recovered. THE postmortem report of the deceased has been marked Ex. P 25. THE axe (Art. 10) was put for identification and the identification memo has been marked Ex P. 10. All the recovered articles were sent for chemical and serological examinations vide letters Ex. P. 15 and 17. THE chemical and serological reports have been marked Ex. P 26 and 27 respectively. THE viscera of the stomach of the deceased Bajrangdas was also sent for chemical examination.

(3.) MR L. S. Udawat, learned Public Prosecutor appearing for the State has submitted that it is case of planned murder. There was strong motive to kill his father-in-law and in order to achieve the object, he has purchased one axe from Jalore from P. W. 10 Barkat Khan and later, he went to his inlaws house to kill his father-in-law. As father-in-law was not there, he was called and as soon as he came, he struck an axe blow on his face and that blow even if it was not repeated was fatal and was sufficient in the ordinary course of nature to cause his death and, therefore, the learned lower court was perfectly justified in holding the accused guilty of the offence under S. 302 I. P. C. According to MR. Udawat, the accused deserves no leniency.