SARDARILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Sardarilal has preferred this appeal against the judgement dated 27th July, 1985, passed in Sessions Case No. 39/84, by the Additional Sessions Judge, Kishangarh Baas, by which, he convicted the appellant u/s.302, IPC and sentenced him to imprisonment for life.

(2.) One, Madanpal submitted a written report (Ex. P1) at PS - Kishangarh bass, alleging that the accused-appellant had caused injuries by knife, to his mother Kaushalya Devi. It was mentioned in the report that Kaushalya Devi was grazing her she-buffaloes near the godown in the noon, at about 1 O' clock, when Sardarilal came there, and inflicted knife-blows on her head and neck and then ran away. Madanpal and his younger brother Bahadur Singh had seen the appellant, Sardarilal inflicting those blows to Kaushalya Devi. It was further mentioned in the report that their father had died about 3 years back, and the appellant was seeking marriage with their mother Kaushalya Devi, and had told their mother that if she refused to marry him, he would murder her. Their mother had refused to marry Sardarilal, and so, he had taken revenge by inflicting knife-blows on her neck, which resulted in her immediate death.

(3.) On the above report, the police registered a regular FIR, and a case u/s. 302, IPC, was lodged. The investigating officer inspected the site, and prepared site-plan (Ex. P. 3). Accused Sardarilal was arrested vide arrest-memo (Ex. P.7), who then gave information for recovery of weapon, and on the basis of that information, one 'Ballam' was recovered vide memo (Ex. P.9). The clothes of the deceased and the recovered Ballam were then sent to Forensic Science Laboratory (FSL), for examination; and the report in this regard is Ex.P. 14. Post-mortem on the dead body of Kaushalya Devi was conducted by Dr. O.P. Gupta; and the postmortem report is Ex.P.8. In the opinion of the doctor, the cause of death was coma and shock due to head-injury and excessive loss of blood from facial and lingual arteries and veins. Kaushalya Devi had 6 injuries, out of which 4 were incised wounds. 1 was stab wound and 1 was bruise.