HUKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GREED of silver-anklets forced the killer to enter into the lonely room of an old and infirm lady Manphooli Devi (since deceased) and to chop off her ankles in the intervening night of July 25 and 26, 2003. The killer, subsequently identified as Hukam Singh, appellant herein, was put to trial before learned Additional Sessions Judge (Fast Track), No. 1, Jaipur City Jaipur. Learned Judge vide judgment dated December 20, 2004 convicted and sentenced the appellant as under:- U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 500/- in default to further suffer rigorous imprisonment for six months. U/s. 397 IPC: To suffer rigorous imprisonment for seven years. Sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on July 26, 2003 informant Gopal Lal (Pw. 5) handed over a written report (Ex. P-3) at Police Station Brihmapuri Jaipur stating therein that his mother Manphooli Devi, an old and infirm lady was residing alone in a room near the well. On July 25, 2003 as usual the informant provided food to her and remained with her till 9. 00 PM. Around 12. 30 AM while the informant and his cousin Sri Narayan proceeded to field to watch cattle, the informant called his mother but she did not respond. He then lit the match-stick and found his mother lying on the ground. Her both ankles were amputated and silver anklets were missing. She was removed to SMS Hospital Jaipur where she was declared dead. On that report, case under sections 302 and 397 IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on the basis of his disclosure statements incriminating articles got recovered, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Jaipur City Jaipur. Charges under sections 302 and 397 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 27 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. One witness was examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.

(3.) TURNING to the first circumstance we find that the death of Manphooli Devi was homicidal in nature. Vide postmortem report (Ex. P-8) following antemortem injuries were found on the dead body:- 1. Abraded bruise is an 3 x 2cm Lt. side neck with reddish colour at the level of thyroid on further dissection the linear abraded bruise about 3 in number on further dissection of neck sub cutaneous under the above injury & muscle hematoma on further dissection of neck muscle hematoma b/l of thyroid cutting reddish in colour on further dissection of thyroid cutting from Ly. coral of hyoid cartilage with anti thick reddish colour clotted blood Lateral & Trident conjoint & heavy deepling committed on B/l neck & thyroid cartilage. Chopped incised wound with with amputated of B/l leg 1/3 part with multiple incised wound at the end of B/l leg step. The wound margins are regular clear cut & were diffuse with anti mortem clotted blood. Dr. N. L. Disaniya (Pw. 8), who performed autopsy on the dead body, opined that cause of death was hemorrhagic shock due to ante mortem injuries.