SIMIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Simiya was convicted under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 100/ - in default of the payment of fine to further undergo two months' rigorous imprisionment by the learned Sessions Judge by his judgment dated April 20, 1982. He has come up in appeal and challenges his conviction.

(2.) BRIEFLY stated, the prosecution case, which is short and simple, is that PW 2 Smt. Khetu and her husband Ratna (deceased -victim) were returning to their village Pawa in the noon of June 18, 1981 from Bhisma, where they had gone to collect the payment for the work they had done on the road. When they were passing through the field of one Shersingh, situate in the Ountmariya Ghati, the accused came from behind and asked Patna as to where he was going. Ratna replied that they (he and Smt. Khetu) were going to their house. By that time, the accused came closely to Ratna and struck a blow of his axe on Ratna's head. Ratna fell down with profuse bleeding from his head injury. Smt. Khetu raised cries. The accused filed away taking his axe with him. Ratna did not survive and passed away instanteously on the spot after a few minutes. After sometime, Ratna's brother Kala (PW 10) came there, Khetu narrated the incident to him. Kalu went to his village Pawa and collected some persons. They came on the spot. Smt. Khetu also told them that her husband was killed by accused Simiya. PW 10 Kalu went to police Station, Sayra and verbally lodged report Ex. P 1 of the occurrence at about 9.00 a.m. next day i.e. on June 19, 1981. The police registered a case and proceeded with investigation. The Station House Officer Durgsingh (PW 13) arrived on the spot, inspected the site, prepared the site plan and the inquest report of the victim's dead body. He also seized and sealed the blood -stained soil from the spot. The blood -stained clothes of the victim's dead body were also seized and sealed. The post -mortem examination of the victim's dead body was conducted by PW 11 Dr. Vyas the then Medical Officer Incharge, Primary Health Centre, Sayra. The doctor noticed the following ante -mortem injuries on the victim's dead body:

(3.) KEEPING in view the direct testimony of PW 2 Sent. Khetu, the learned amicus curiae did not challenge the incident and the role assigned to the accused by her. We have also gone through the testimony of PW 2 Smt. Khetu and are of the opinion that she is a witness of truth. She deposed that while she and her husband were returning to their house in the noon of the day of the incident, the accused came from behind when they were in Ountamariya Ghati. The accused had an axe and struck a blow with it on the head of her husband. The accused thereafter ran away. Her husband (Ratna) fell down. There was profuse bleeding from his head injury. He did not survive and passed away then and there after some moments. Though this witness happens to be the widow of the deceased -victim, that cannot be taken to be a valid reason for distrusting her sworn testimony. It may be recalled that the accused is the son of PW 10 Kalu, who had arrived on the spot after a few minutes of the occurrence. PW 10 Kalu is also the real brother of the deceased -victim Ratna. Looking to this close relationship, it cannot be conceived that PW 2 Smt. Khetu would falsely implicate the appellant for the murder of her husband. The learned amicus curiae was therefore, well advised in not challenging the testimony of PW 2 Smt. Khetu. From what she deposed, it is the accused who had inflicted an injury on the head of Ratna with an axe and thereby caused his death.