GYAN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Gyan Chand and Phool Chand, appellants herein, were indicted before learned trial Judge for having committed murder of their wives' brother Manish. Learned Judge vide judgment dated June 16, 2005 convicted and sentenced each of them under Section 302/34 IPC to suffer, imprisonment for life and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month.

(2.) As per the prosecution story, Meena and Seema sisters of Manish married to the appellants, who are real brothers, on May 14, 2000. Manish visited the house of appellants on August 18, 2002 at around 8.30 PM and remained there. In the intervening night of August 18 and 19 around 2.30 AM, the appellants informed Gyarsi Lal (father of Manish) about illness of Manish. Gyarsi Lal rushed to the house of appellants, where he found Manish dead. Dead body was taken to S.M.S. Hospital Jaipur at 9.15 AM on August 19, 2002. It was kept in mortuary and Police Station Malviya Nagar Jaipur was informed, where Mrig report Mo. 38/2002 under Section 174 Cr.P.C. was registered. Dead body was subjected to autopsy. Thereafter Gyarsilal filed a complaint against appellants under section 120-B, 302 and 302/34 IPC in the court of Judicial Magistrate on September 16, 2002 which was forwarded under section 156(3) Cr.RC. to Police Station Malviya Nagar, where a case under sections 302, 34 and 120B IPC was registered against the appellants and investigation commenced. Statements of witnesses were recorded, appellants were arrested and after completion of investigation charge sheet was filed. In due course the case came up for trial before the court of learned Special Judge (Fake Currency Cases) Jaipur City, Jaipur. Charges under sections 302 and 302/34 IPC were framed. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Sec. 313 Cr.RC, the appellants claimed innocence. One witness in support of defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) As per post mortem report (Ex.P-14) drawn by Dr. Sumant Dutta (PW. 21) following antimortem injuries were found on the dead body : 1. Abrasion 1 x 1 cm left shoulder reddish colour. 2. Abrasion 1/2x1/2 left elbow reddish. Cause of death of Manish was cardio respiratory failure due to ante mortem injuries. Viscera preserved after autopsy was sent for chemical examination to FSL. Report of FSL (Ex.P-11) reads as under: "On chemical examination, portion of viscera (1-5) and Blood sample (6) from three packets marked nil gave positive tests for the presence of Organo phosphorous insecticide and gave negative tests for metallic poisons, ethyle and methyle alcohol, cyanide, alkaloids, barbiturates and tranquillizers."