NATHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant accused has challenged his conviction for the offence of Section 302, IPC, and sentence of life imprisonment (with fine of Rs. 2500/ - in default of payment 1 year rigorous imprisonment) awarded by the Court of Additional Sessions Judge, Nohar vide judgment of 24.08.2002 in Sessions Case No. 61/2001. Appellant requests for his acquittal - setting aside judgment.

(2.) THE said facts, as per prosecution, are that on June 20, 2001, at 11.30 O'clock one Shri Mala Ram with his brother Motaram and one Amilal presented a typed report Ex.P -1 at Police Station, Rawatsar, stating that he is resident of Baikali, Tehsil Nohar and his daughter Krishna married 15 years earlier to Mahendra s/o.Rajiram Bhargava of 23 A.G. Mahendra passed away 5 years earlier and neighbour of Krishna is her Jeth - Nathuram s/o. Sahiram (elder brother of husband) who keeps bad intentions and looks for Krishna. Stated in FIR is that for last seven days son of complainant Gajanand 16 years was with Krishna who on that day came at about 8 O'clock and spoken him that he, Krishna and sons of Krishna, Mukesh,Kamlesh and Dharmpal all in night were asleep on three cots just out of house (compound), then at about 2 - 2.30 in the night, Nathuram inflicted blows of axe to sleeping Krishna and killed her. As per FIR, Malaram along with his brother Motaram, Manilal and Amilal came to Dhani A.G.23 of Krishna, where Krishna found lying dead on cot with injuries on face and neck - on this report FIR No. 186/2001 Ex.P -2 registered for offence of Section 302, IPC. In course of investigation, IO SHO (a) inspected place of occurrence - memos Exs.P -3 and Ex.P -3A; (b) dead body examined - memos Exs.P -5 and P -6; (c) weared jumper of deceased Krishna and blooded bed seized - Ex.P -10 packets marked B & C; (d) found palm impression on vertical side of wall between house of deceased and appellant and also body photographed memo - Ex.P -3 and positive negatives Ex.P19 to Ex.P -32; (e) got post mortem conducted at 3 O'clock afternoon by Medical Officer - report Ex.P -17; (f) ornaments found on her and body handed over to father - memos Exs.P -6 and P -11; (g) scratched sample of palm impression blood and plane wall taken - memos Exs.P -8, P -9 and packets C & D; (h) accused arrested at 7.30 same evening - found wearing shirt and 'payjama', having blood spots, so seized - memos Ex.P -14 and packet D; (i) on information furnished by appellant next day June 21st at 9.15 a.m. an axe of about 3 -1/2" sharp -edge metal portion with 2 -1/2" pipe handle having some blood like stains recovered from appellant's house lying below iron box - memos Exs. P -14, 15, 16, 16A & packet marked E; (j) on June 25th presented blood stained shirt of son Dharmpal, 5 years - who was sleeping with Krishna, seized memo Ex.P -12 packet marked F; (k) packets to Malkhana Incharge - entries in Register Ex.P -34 - delivered at FSL on 12.07.2001 with forwarding letter Ex.P -35 - FSL report Ex.P -33; (l) opinion for injuries obtained - Ex.P -18. In course of investigation, statements of witnesses recorded. As per post -mortem report and opinion, Krishna had six incised injuries on face and neck and she died of these - injury inflicted on neck substantial one also found fracture of mandible. After usual investigation, charge -sheet submitted and case committed.

(3.) PROSECUTION examined 12 witnesses, of them Malaram PW 1 is father, Motaram PW 2 uncle, Gajanand PW 5 brother and Mukesh 10 years is son of deceased. PW 5 and PW 6 are eye witnesses, whereas PW 1 and PW 2 when informed by PW 5 reached at 23 A.G. and then lodged FIR Ex.P1. Beg Raj @ Bega Ram PW 3 is said to be the person appellant accused contacted and talked about someone killing Krishna. Krishnal Lal PW 4 is Motbir of all done in course of investigation and Ramesh PW 8 photographer. Head Constable Sant Kumar Malkhana In - charge, Constable Rajendra Singh PW 11 and Ranjeet Singh PW 9 In -charge Police Station relate to safe custody and depositing of sealed packets at FSL. Shayar Singh PW 12, SHO, during investigation did all as above and exhibits all the memos prepared - PW 7 Dr. Hanuman Singh is Medical Officer who performed post -mortem proves his report Ex.P -17 and opinion P -18. Of the recovered or seized Article 1 is axe, Article 2 and Pajjama Article 3 of accused, Jumper Article 4 of deceased, shirt Article 5 of Dharmpal s/o. deceased and Article 6 blooded bed of cot - memos of seals used are Exs.P42 to 45.