MEGHARAM ALIASLADURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge, Bikaner dated 10. 2. 1988 whereby the learned Additional Sessions Judge has held the accused-appellants Megharam @ Ladu-ram and Ganesharam guilty of the offences under ss. 307 and 326 IPC and has sentenced them on each count to 4 years' rigorous imprisonment together with a fine of Rs. 1,000/- and in default to undergo six months' rigorous imprisonment.

(2.) THE facts necessary to be noticed for the decision of this appeal briefly stated are that on the night intervening between 31st October and 1st November, 1986 accused-appellants Megharam @ Laduram and Ganesharam caused certain injuries to complainant Sukharam. THEy cut his testicles, 2/3rd portion of his penis and caused certain injuries on his neck and other parts of the body by sharp weapon. It is alleged that they entertained themselves alongwith injured Sukharam on a bottle of wine in the house of P W. 3 Amarsingh and later, it is alleged that they left village Dulmera for going to village Dhirera but before they left village Dulmera, accused-appellants Megharam @ Laduram and Ganesharam caught hold of the injured Sukharam and accused Ganesharam alongwith Laduram caused these sharp weapon injuries to him. At about 4 A. M. in the morning of 1st November, P. W. 2 Balusingh found him lying near Ramdeoji's temple crying for water. When he found him soaked with blood, he went to the village and informed the relations of injured Sukharam. THE relations of Sukha-ram came there, took him to the hospital and he was got admitted in the Hospital. His shoes and torn Kachha (Underwear) were found on the spot. A report of this incident was lodged on the next day at P. S. Loonkaransar at about 12. 45 PM by one Suganaram, which has been marked Ex. P. 8 On the basis of this report, a case under ss. 307 and 326 IPC was registered. THE injuries of the injured were got medically examined. THE site was inspected. THE pair of shoes, torn Kachha and other blood stained clothes of the injured were taken into possession. THE accused-appellants were arrested and on their information and at their instance, one Razor each was recovered. One of the Razor sent for chemical examination was found stained with human blood.

(3.) PW 8 Dr. P. N. Mathurhas examined the injuries of injured Sukharam and he has categorically stated that he found one incised wound 13. 0 CM x 28 CM x trachea deep on upper 1 /3rd of neck anteriorly across the mid line obliquely placed nearing to transverse plane. He further found one incised wound 20. 0 CM x 6. 5 CM x testicles going deep upto the base of the testicles. The skin of the testicles pocket was not present. 2/3rd portion of his penis was also cut. There was a wound of the size of 6 CM x 0. 2 CM x muscle deep on the penis itself. One abrasion was found near the right ear. According to the Doctor, the injuries No 1 to 3 were caused by sharp weapon and injury No. 4 was caused by blunt weapon. Injuries No. 3 and 4 were simple in nature and injury No. 2 was definitely grevious. For injury No. 1, the matter was referred to the X-ray specialist but the X-ray report has not been produced. This much is clear that there was present on the neck one incised wound 13. 0 CM x 2. 8 CM x trachea deep on upper l/3rd of neck. The place and size of the wound clearly depicts the intention of the accused-appellants that they wanted to kill injured Sukharam. Even cutting of the trachea, testicles and penis also shows the intention of the accused that they wanted to kill him and if the injured had died because of these injuries, the accused would have certainly held guilty of the offence of murder.