BADRI PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT Gyan Sudha Misra, J. 1. This appeal has been preferred against the judgement and order of the Addl. Sessions Judge, Kotputli, District Jaipur by which the appellant herein Badri has been convicted and sentenced for an offence under Section 302. I.P.C. and sentenced to imprisonment for life along with a fine of Rs. 500/ - and, in default of payment of fine to further undergo two months' rigorous imprisonment.

(2.) THE case of the prosecution was lodged by the informant. Pooran Mal Meena (PW/9) on 11.8.1993 at the Police Station, Pragpura, District Jaipur, wherein it was stated that his father (deceased) Banshi went to the village along with accused -appellant Badri Prasad who did not return in the night. The following morning at about 6 A.M., his cousin Ramji Lal enquired from him whether his father Banshi Chacha returned in the night. To which Pooran Mal Meena replied that he had not returned home last night. Ramji lal then informed him that a jeep of the liquor contractor had come from Dantil, wherein the persons sitting in the jeep namely Banwari Lal Meena, Mali Ram Meena, Jagdish Meena and Phool Chard Jat told him that two persons from their village had come to Dantil in the jeep of the liquor contractor and out of them one wearing printed turban was lying dead at some distance near the hand pump who had sustained head injury and was lying in a pool of blood. The report further states that on this information Pooran Mal and Ramji Lal reached Dantil on foot behind petrol pump and saw the dead body of Banshi which was soaked in blood. The informant further stated that somebody had killed his father on the last night and the description given by the liquor contractor matches with the description of his uncle Badri Prasad, the appellant herein. He has further stated that his father had last been seen in the company of Badri and accordingly it was prayed that prompt action be taken against the culprit.

(3.) ON the aforesaid report of the informant Pooran Mal, the police registered a case for an offence under Section 302, I.P.C. and started investigation. In course of investigation, it has been claimed that the accused Badri on 2 8.1993 willingly gave an information under Section 27 of the Indian Evidence Act that he had hidden one lathi' in village Sadarpura in a field under the mud which he can get recovered. This information is marked as Ex -P/22. It may be worthwhile to state herein that the investigation officer, Amar Singh, has deposed in his cross -examination that in pursuance of the information vide Ex.P/22, which was furnished by the accused, nothing could be recovered from the said place. There is, however, Ex.P/23 also, which is another information under Section 27 of the Indian Evidence Act, claimed to have been furnished by the accused on 28.8.1993, which states that the accused Badri willingly informed the S.H.O. that the 'lathi' which he had used for killing Banshi had been hidden by him in the house of his brother -in -law Raghunath at village Sadarpura in the roof of his house which he Could get recovered. Or, the basis of this information, the police claimed to have recovered a 'lathi' from the house of PW/8 Raghunath Meena in presence of the S.H.O. The Investigating Officer further claimed to have recovered a shirt with blood stains, which is alleged to have been worn by accused Badri at the time of killing of the deceased. The investigating officer also collected bloodstained earth marked as Ex. P/4 and also an empty glass and one glass bottle and three broken tooth of the accused as also a pair of slippers of the deceased. The body of the deceased was then sent for post -mortem examination at Kotputli Hospital. Where it was found that most of the injuries sustained by the deceased are lacerated wound 4 x 1cm bone deep obliquely placed right to mid line on forehead. There were other lacerated wounds also which were found on the body of the deceased. In the opinion of the Medical Board, the cause of death was cardio respiratory haematoma and brain All the injuries failure due to head having subdural haematoma and brain All the injuries were antemortem in nature.