MAGNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal under Sec. 374 of the CrPC filed by the accused-appellnt Magna son of Shri Devi resident of village Badla, P.S. Shambhugarh, Distt. Bhilwara against the Judgment and order dated 28.6.90 passed by learned Sessions Judge, Bhilwara whereby the learned Sessions Judge has convicted the accused-appellant for life imprisonment under Sec. 302 IPC with a fine of Rs. 500/- and to further undergo imprisonment of 2 months' in case of default of payment of fine for committing the murder of Madhu. The appellant was also convicted under Sec. 323 of the Indian Penal Code for a simple imprisonment of 3 months'; under Sec. 325 IPC as well for a imprisonment of one year with a fine of Rs. 200/- and to undergo imprisonment of one month in case of default for causing injuries to Smt. Sunder (PW. 4) and Jamna Lal (PW. 5). All the sentences were to run concurrently.

(2.) The facts of the case are that an FIR dated 23.5.88 (Ex.P./24) was registered at about 7.00 PM through one Rai Chand who had given a written report to the Station House Officer, P.S. Shambhugarh at Motipur to the effect that on the last night his nephew Madhu who was sleeping in the chowk in front of his house (Paul) was attacked by the appellant Magna, who was armed with Kulhadi (Axe) and Halwani and had inflicted blows on the left side of the forehead, on the right leg and on hand and other parts of the body of Madhu. The injured Madhu was bleeding profusely, who was brought in an unconscious condition to the Hospital at Bhilwara, but died because of the injuries. It was also mentioned in the First Information report that another person Jamna Lal was also injured. It was also mentioned in the report that motive and the reason for causing the injuries was a dispute in regard to the partition of land. The written report is exhibited as Ex.P./l. This report was registered as a First Informatio.i Report (Ex.P./24) under Sec. 302 IPC. Daily diary report was also entered/exhibited as Ex,P./25A. On 23.5.88 itself, at about 4.45 PM, post mortem of the dead body of Maunu was got conducted vide post mortem report Ex.P./l8. According to the Dr. D.R. Sharma (PW. 12), the deceased was admitted in the hospital on 23.5.88 at about 7.50 AM in the Mahatma Gandhi Hospital, Bhilwara, but had died at 1.30 PM. According to him, there were as many as 4 injuries and out of these 4 injuries, one injury at the right leg near the knee, was sufficient to cause death in ordinary circumstances. It was further stated by PW. 12 Dr. Sharma that the death was caused because of hemorrhage and profusely bleeding. On the same day, at about 8.00 AM. injured Jamna Lal was also examined medically. There were injuries on both the legs o Jamna Lal. The medical examination report of Jamna was exhibited as Ex.P./23. His right leg was got X-Rayed vide Ex.P./20 and report was obtained vide Ex.P./21 and fracture was found on the leg of Jamna lal on the upper side of Tibia and Febula. Similarly another injured PW. 4 Smt. Sunder was also examined on 24.5.88. The medical examination containing the nature of injuries of Mst. Sunder was exhibited as Ex.P./22.

(3.) The accused was arrested vide Ex.P./15 on 27.5.88. On the next date i.e. 28.5.88, accused Magna had revealed that he can get the axe recovered vide Ex .P./16, which weapon is said to have been used for inflicting injuries and he had volunteered that he can get the same recovered from his house and on 31.5.88 he had got the recovery made vide Ex.P./lO concerning the axe. Similarly he had got recovered Halwani, the weapon used by him for giving injuries to PW. 4 and PW. 5 and the same was ultimately recovered by Ex.P. 11. He has also got recovered the blood stained clothes worn by him at the time of incident from his house vide Ex.P. 12.