DEEPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Deepa Ram stands convicted and sentenced as below vide judgment dt. 12/8/2010 passed by the learned Additional Sessions Judge (Fast Track) No.1, Bikaner in Sessions Case No.82/2009: <FRM>JUDGEMENT_343_LAWS(RAJ)4_2019_1.html</FRM>

(2.) Being aggrieved of his conviction and sentence, the accused appellant has preferred the instant appeal under Sec. 374(2) Cr.P.C.

(3.) Brief facts relevant and essential for disposal of the appeal are noted herein below: Kedar Ram (PW-2) son of Dhannaram lodged a written report (Ex.P/2) to the SHO, Police Station Nayashahar, District Bikaner on 22/8/2009 at 05.30 pm. alleging inter alia that the informant's daughter Licchma was married to Mangilal son of Deeparam resident of Bhinasar. His daughter's in-laws Kamla and Deeparam used to live alone in Bangla Nagar, Bikaner. Pappuram Kumhar, a neighbour of Deeparam, approached the complainant on 22/8/2009 at about 04.00 pm. and told him that his son's father- in-law Deeparam was beating his wife Kamla and fervent cries of the lady were coming out from the house. An attempt was made to open the door but it was locked from inside. On receiving this information, the complainant informed his son-in-law Mangilal on phone and asked him to reach his father's house. The informant himself reached the house of Deeparam. The main gate was locked from inside. 4-5 neighbours were standing outside. The complainant identified himself and called name Deeparam from outside on which, he opened the door and sat down on a Charpai in the Baramada of his house. The door of the kitchen and the shop were locked. He asked Deeparam for the whereabouts of Smt. Kamla on which, he replied that she had gone to Bhinasar with her children. However, while saying so, the voice as well as body of Deeparam were trembling and his clothes were stained with blood. The informant made an attempt to open the door of the kitchen upon which, Deeparam restrained him from doing so and stated that he had to go the market for purchasing items to stock the shop. Stating so, he took the informant to the Pattipeda. A little later, the informant's son-in-law Mangilal i.e. the son of Deeparam, came to Pattipeda crying and blurted out that his father Deeparam had killed his mother and the deadbody was lying in the kitchen with her head totally crushed and blood was spread all around the kitchen. On this, the first informant took his son-in-law Mangilal and Pappuram Kumhar (a neighbour of Deeparam) to the Police Station and reported the matter. On the basis of his report, an FIR No.233/2009 was registered at the Police Station Nayashahar, District Bikaner for the offence under Sec. 302 IPC and investigation was commenced. The place of the incident was inspected. The deadbody of Smt. Kamla was found lying inside the kitchen of the house where, she and the accused appellant exclusively resided. Her skull was totally crushed and the brain matter was coming out. The Mobile Forensic Unit, Bikaner was involved to conduct site inspection. The sample of blood spread at the place of the incident were seized. The accused appellant was arrested. The blood stained clothes worn by him at the time of the arrest was seized and sealed. The deadbody of Smt. Kamla was subjected to postmortem at the P.B.M. Hospital, Bikaner. The Medical Board issued a postmortem report (Ex.P/1) opining that the cause of death of Smt. Kamla was ante- mortem head injury. The accused appellant gave an information to the I.O. under Sec. 27 of the Evidence Act (Ex.P/37) in furtherance whereof, he took the I.O. to his residential premises, opened the gate of the shop with the key concealed by him in a suitcase and got an iron angle suspected to be the weapon of offence stained with blood recovered. The blood stained articles were forwarded to the FSL for serological examination from where, a report (Ex.P/38) was received establishing the fact that the blood soaked gauze piece (collected from the place of occurrence), the kurta of the accused, the blouse and Odhni of the deceased and the iron angle recovered at the instance of the accused all tested positive for presence of 'B' Group human blood. After concluding investigation, the investigating officer proceeded to file a charge-sheet against the accused appellant for the offence under Sec. 302 IPC. Since the offence was Sessions triable, the case was committed and transferred to the Court of the Additional Sessions Judge (Fast Track) No.1, Bikaner for trial.