BAJRANGLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Bajranglal has filed this appeal against the judgment of the learned Sessions Judge, Churu, dated 12th July, 1975, by which, he was convicted and sentenced to life imprisonment under Section 302 Penal Code for the murder of his father.

(2.) The case of the prosecution is that appellant Bajranglal is the son of deceased Ramchander. The relations between the father and the son were strained over some dispute relating to land. On 18th July, 1974 at about 8 or 8.30 P.M. the appellant cut his father into pieces with an axe and a Gandasi. Poonam Chand who used to live near the house of Ramchander and Bhanwarlal, who had come to the letter's call in a tractor, heard the cries of Ramchander's daughter Achuki such as "don't kill, don't kill." On hearing the cries, both of them went to the house of Ramchander and saw in the light of torch, which they had with them, that the appellant was striking blows on the dead body of his father with a sharp edged weapon. These two persons tried to intervene but they were threatened by the appellant with dire consequences so they came back from the house of Ramchander and then Poonamchand informed Jhabarmal Sarpanch about the occurrence. Jhabarmal went to the police station, Sujangarh and reached there at about 1.30 P.M. on the next day and made a verbal report of the incident to the police. The report was reduced to writing by the police and a criminal case under Sec. 302 Penal Code was registered on its basis. The S. H. O. rushed to the place of occurrence and saw some pieces of the dead body of Ramchander deceased lying in the court yard of his house. He prepared Kurd Surat Hal Lash Ex. P. 4 and also the inquest memo Ex. P. 5. He then saw the site and prepared the site plan Ex. P. 3 and site inspection memo Ex. P. 34. The blood stained Dhoti, Baniyan and bush-shirt of the deceased were seized and sealed vide Ex. P. 6. He also recovered and sealed a piece of cloth lying under the head of the dead body vide Ex.P. 7. At that time the appellant was sitting outside his house. He was arrested by the S. H. O. vide Ex. P. 12. His dhoti and bush-shirt were stained with blood and, therefore, were taken into possession and sealed by the S. H. O. The seizure memo is Ex. P. 12. Thereafter, the appellant gave an information about a Gandasi and an axe that he had placed them under a cot which was lying in the varandah of the house. In pursuance of this information and at the instance of the appellant, the aforesaid two weapons were recovered and sealed in the presence of Motbirs Jhabarmal and Bagharam. The appellant further gave an information that he had buried the thorax parts of the body in the Bakhal outside the house near the southern wall and the two things near the eastern wall. The thorax and the two thighs of the dead body of Ramchander were recovered, in pursuance of this information, at the instance of the appellant. The post mortem examination of the dead body was conducted at the spot by Dr. M. M. Bhojak and he found the ' following antemortem injuries :

(3.) He also found that the thorax part and the two thighs of the body were missing. In his opinion, the cause of death was the aforesaid multiple injuries. He also opined that the injuries were sufficient in the ordinary course of nature, to cause death. After completing the investigation, a challan was filed against the appellant in the Court of the Chief Judicial Magistrate, Churu, who upon finding a primafacie case exclusively triable by the Court of Sessions, committed the accused to the Court of Additional Sessions Judge, Churu for trial under Sec. 302 IPC, The appellant simply denied having committed the offence and pleaded not guilty to the charge.