SHABBIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN these two appeals, appellants have challenged the judgment dated April 2, 2003 of the learned Sessions Judge, Karauli, whereby appellants Shabbir and Saheed @ Saeeyo @ Tonta were convicted and sentenced as under: u/s. 302/34 IPC, to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. u/s. 392 IPC, to suffer rigorous imprisonment for 5 years and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. u/s. 460 IPC, to suffer rigorous imprisonment for 7 years and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for three months. All the sentences were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, informant Gulab Singh Rajput R/o Indra Colony, Karauli lodged a written report (Ex. P. 1) at Police Station Karauli on Jan 23, 2001 at 3. 35 AM whereby he informed that on the intervening night of 22 and 23 of January, 2001, unknown miscreants entered into the house of his younger brother Devi Singh. When the miscreants were taking away the stolen articles, Devi Singh's daughter's son Ravi Singh awoke and tried to catch hold the miscreants. One miscreant opened fire which hit him on his left chest causing his death at the spot. The dead body of Ravi Singh was kept in Hospital at Karauli. The miscreants succeeded in stealing one box from the house. The list of stolen articles could be furnished by Devi Singh later on.

(3.) HAVING scanned the material on record, we find that the death of Ravi Singh aged about 16 years was homicidal in nature. As per post mortem report (Ex. P. 25), the following ante mortem injuries were found on the dead body: 1. Oblique fire arm wound with lacerated wound margin with color of abrasion with blackening and tattooing 1 cm x 1cm x depth leading inside and left thoracic cavity (skin, muscle, lung, heart with fracture of 6th left rib in space of 6-7 inter costal space) on anterior surface of left side of chest below 5 cm of let nipple. Injury is instantaneously dangerous to life by fire arm weapon, ante mortem in nature and is sufficient to cause death in ordinary course of life. On dissection :- There is fracture of left 6th rib with lacerated pleura in between 6 and 7 rib with laceration of pleura with laceration of left ventricle of heart 4 cm x 4 cm left muscle deep with laceration of both upper and lower ribs of left lung 4 cm x 4 cm with exit wound in left lower lobe along. Thoracic cavity in full of liquid dark red blood and clotted blood and after making out that liquid blood the bullet was found behind the lung particular part of thoracic cavity. 2. Two abrasions with clotted blood 4 cm x 1/2 cm on mid fore-head. 3. Abrasion with clotted blood 1 cm x 2 mm on left fore- head. 4. Multiple abrasions 4 cm x 2mm on right elbow joint and right lower and upper 1/3rd part obliquely placed. 5. Abrasion 2 cm x 1 cm on right side of face upper part with clotted blood. 6. Abrasion with clotted blood 2 cm x 2 cm left side of face maxillary region. 7.Abrasion 2 cm x 1/2 cm on outer surface of left hand. All abrasions are simple blunt ante mortem in nature and all injuries are within 12 to 18 hours duration. In the opinion of members of Medical Board the cause of death of Shri Ravi Singh Chauhan is due to shock resulting from external and internal hemorrhage by injury No. 1 by fire arm weapon causing injuries to heart and left lung etc.