DURGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Durga Ram accused appellant was convicted for Killing Sheochand on 1-4-1994 at about 11-00 a.m. in a field by an axe. He has been sentenced to life imprisonment and a fine of Rs. 100/- and in default to undergo simple imprisonment for 15 days. This conviction and sentence has been challenged in this appeal.

(2.) Briefly stated, Smt. Laduri, the wife of deceased, reported to SHO police station Taranagar on 1-4-1994 at 3-30 p.m. that a field of the family was situated about two miles away from road leading from Sahawa to Bhadra. A thatched hut was situated in the field. Her husband Sheochand had gone to the field at about 8-00 a.m. At about 12 O'clock Bajrang and Sanwarmal, who are her grand-children, came from the field and informed that at about 11-00 a.m. when they were cooking food Sheochand had come to them. These boys were residing in a hut in their field which was situated on the northern side of Sheochand's field. According to these boys, Durga Ram accused appellant was also sitting nearby. Sheochand sat on the cot, took bread from them and started eating it with "gud'. Durga Ram who is the uncle of these boys took out an axe and started inflicting and giving repeated blows on the head as well as other parts of the body of Sheochand. Consequently, he fell down from the cot. These two boys frightened by the occurrence ran away. They saw from some distance that accused along with axe took to his heels. Smt. Laduri, came to know about the occurrence and started crying. Chananmal, Krishna Kumar, Khayali Ram, Gajanand and others collected and went to the field. When they returned they confirmed the murder of Sheochand. Deceased was the real uncle of Durga Ram. Durga Ram had no son. He had only daughters and, therefore, he used to ask the deceased to give his agricultural land.

(3.) This information was recorded in village Sahawa by the SHO Jeeta Ram PW-9 on the basis of deposition made by Smt. Laduri. He started investigation as soon as FIR No. 35/94 under S. 302, IPC was registered. During investigation site plan Ex. P. 2 and panchayatnama of the body of the deceased Ex. P/3 were prepared. Blood smeared soil as well as control soil were collected and memo Ex. P/4 was prepared. Blood smeared clothes of the deceased were seized vide Ex. P/5. Memo of the condition of dead body Ex. P/10 was prepared. Post-mortem was conducted by PW-7 Dr. Mohd. Halim Khan. It was on 9-4-1995 (after more than a year) that the accused appellant was arrested. He gave information under S. 27 of the Indian Evidence Act on 10-4-1995 which was recorded in Ex. P/12. On the basis of his information recovery of weapon of offence was affected. It had blood stains and was sent to the chemical examiner. After investigation challan was filed before the Magistrate having jurisdiction who committed the accused to the learned Sessions Judge, Churu. He transferred the case to learned Additional Sessions Judge.