Decided on December 20,1984

GOPAL LAL Appellant


- (1.)Both these appeals are directed against the judgment dated 4th Sept., 1980 passed by the Additional District & Sessions Judge No. 2, Baran in Sessions case No. 43/1980. These appeals have been filed by appellant Gopal Lal who was prosecuted for the offence punishable under Sec. 302 Penal Code for having caused the death of his mother-in-law, Smt. Ram Nathi, on 15th June, 1979. The Additional Sessions Judge has convicted the appellant for the offence under Sec. 302 Penal Code and has sentenced him to imprisonment for life and to pay a fine of Rs. 100.00 and in default of payment of fine to further undergo one months rigorous imprisonment. Criminal Appeal No. 366/80 has been filed by the appellant through counsel. Criminal Jail Appeal No. 28/1981 has been submitted by him directly from the Jail.
(2.)The case of the prosecution is that the appellant was unhappy with the deceased as she did not permit the wife of the appellant to go with him. On 15th June, 1979 at about 1. P. M. the deceased was coming to her village Phool Baroda and while she was on the way lying between Phooti river and river, the appellant assaulted the deceased with a gandasi and inflicted injuries on her person. The deceased was brought to her Village and while she was being taken to the hospital at Kawai she died on the way. The Report (Ex. P. 1) about the incident was lodged by Ramesh Chandra (P. W. 1) at P. S. Kawai on 15th June, 1979 at 3.30 P.M. The post mortem examination of the dead body was conducted by Dr. Sudarsan Dutta (P. W. 11) medical officer, Primari Health Centre. Atru on 15th June, 1979 at 5 P. M. and he prepared the postmortem report (Ex. P. 8). According to the postmortem report there was one incised wound, 31/2" x 1" x 2" over the back chest, right side, extending from the of suprascapular region transversely to the 7th cervical vertebra. The wound was found to have fractured the vertebral border of right scapula at its upper l/3rd and also the 7th cervical & 1st dorsal vertebra. The spinal Cord was found torn in the region extending from the 5th cervical to the 3rd dorsal vertebra. Profuse clotted blood was found in and around the wound. According to the opinion of the Medical Officer the cause of death was shock due to injury to the spinal card caused by fractures of 7th cervical and 1st dorsal vertebra. After completing the investigation the police filed a charge-sheet against the appellant in the Court of Judicial Magistrate, Atru, who committed the appellant for trial in the court of Sessions and thereupon the appellant was tried by the Additional District and Sessions Judge No. 2 Baran.
(3.)Support of its case the prosecution relied upon the testimony of Mohanlal (P.W. 2) who was examited as eye-witness of the occurrence and the dying declaration of the deceased which has been proved by Ramesh Chandra (P. W. 1), Bhawani Shanker (P. W. 3) Lalita (P. W. 5), Bherulal (P. W. 6), Jan Alam (P.W. 8), Sureshbai (P. W. 13) and Prem Narain (P. W. 17). In addition the prosecution relied upon the recovery of the gandasi at the instance of the appellant. The prosecution has also led evidence of Ramesh Chandra (P. W. 1), Smt. Anokh (P. W. 12) the wife of the appellant, as well as Bhawanishanker (P. W. 3) and Nemichand (P. W. 4) to prove the motive, viz. the appellant was with the deceased because she did not agree to send the wife of the appellant with the appellant and the appellant had there at end that he would kill the deceased.

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