SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Sita Ram has preferred this appeal against the judgment and order passed by the learned Additional Sessions Judge, Nagaur Camp Deedwana on 31-7-1984, whereby he was convicted under S. 302, I. P. C. and sentenced to imprisonment for life and pay a fine of Rupees 100/-.

(2.) The case relates to an incident which took place on 27th September, 1983 in Village Kuchera in which Bhika Ram, a labourer, sustained injuries. He succumbed to the injuries on 17-10-83, at Bikaner hospital. The case was registered on the basis of the statement of injured Bhika Ram dated 27-9-83 recorded by Ram Chandra, S. I. in which he stated that Sita Ram had inflicted injuries to him by spade. On this statement, a case under Section 307 I. P. C. was registered. After the death of Bhika Ram the case was converted into Section 302 I. P. C. The injuries of Bhika Ram were seen by Dr. Shiv Narayan (P. W. 6) on 27-9-83 and he prepared the injury report Ex. P2. The autopsy was held by Dr. P. N. Mathur (P. W. 13) on 18-10-83, and he prepared the post mortem report Ex. P17. During investigation, the police inspected the site, interrogated the witnesses and arrested the accused. On the information of the accused a spade was recovered, which was sent for chemical examination. The report received from Forensic Science Laboratory indicated that the spade was sustained with human blood. The group of blood found on the spade tallied with the blood group of the deceased. After completion of the investigation, the police challaned the accused.

(3.) A charge under Section 302 I. P. C. was framed against the accused, who pleaded not guilty. The prosecution examined 14 witnesses. Out of them P. W. 1 Jeetu Ram, P. W. 2 Poona Ram, P. W. 3 Dhula Ram, P. W. 4 Rameshwar, P. W. 5 Ram Prasad, P. W. 7 Hari Ram P. W. 8 Hans Raj, are eye witnesses. P. W. 6 Dr. Shiv Narayan and P. W. 13 Dr. P. N. Mathur, as already stated, are the Medical Officers who had seen the injury of Bhika and had held autopsy. P. W. 11 Ramu was associated as 'motbir' during investigation. P. W. 9 Ramsukh had taken sealed packets to the Forensic Science Laboratory. P. W. 14 Bhanwar Singh and P. W. 10 Ram Chandra are the police officials, who had taken part in the investigation. The accused in his statement under Section 313 Cr. P. C. denied the accusation. He, however, admitted that the deceased had sustained one injury at his hands. He came out with the case that when he was digging, earth all of a sudden deceased Bhika Ram came in between the spade and the ground and he suffered one injury. He did not examine any witness in defence.