Decided on July 02,1984



S.S. Byas, J. - (1.)These two appeals by accused Satya Narain (one through Jail and the other represented) are directed against the judgment of the learned Additional Sessions Judge, Udaipur dated April 21, 1977 convicting the appellant under section 302, I.P.C. and sentencing him to imprisonment for life with a fine of Rs. 2000)- in default of the payment of fine to further undergo one year's rigorous imprisonment.
(2.)Briefly stated, the case set up by the prosecution is that the accused and the deceased Ramesh Chandraboth Brahmins by caste and residents of Nim Ka Thane (district Sikar) were the students of B.Ed. in Vidhya Bhawan Teachers Training College, Udaipur in the academic session 1974-75 and were living in Jubilee hostel situate in the College compound.The deceased was living in room No. 8 with his partner Subhkaran (PW 6) while the accused was living in room No. 44 with his partner Manohar Lal (PW 11). Both these rooms are situate in the ground floor of the double storeyed building of the hostel. PW 2 Mst. Kali the washer woman was living in a small loom near room number 45 a shown in site plan Ex. P 4. It was Sunday on Dec. 22, 1974. In the noon on Dec. 21, 1974, PW 11 Manohar Lal went in the city to his brother and was, thus, not present on Dec. 22, 1974 in the hostel. At about 8.00 P.M. on Dec. 22, 1974, the students residing in the hostel marked their attendance in the Attendance Register and retired to their respective rooms. The deceased Ramesh Chandra and his room partner Subhkaran (PW 6) came to their room No. 8 and were talking with each other. A few minutes later, the accused went to this room No. 8 and took Ramesh Chandra with him to his room No. 44 to finalise their programme to go to their home-town Nim Ka Thana. 10-15 minutes later, PW 2 Mst. Kali heard somebody groaning 'Hai re Hare' in room No. 44. She raised cries and some students came mit. PW 5 Shiv Prakash, PW 19 Vimal Chand, PW 20 Bherulal and PW 24 Madanpal Singh noticed the accused jumping in the back side of the hostel from the window of room No. 44. The accused after jumping from the window started running desperately. Some of the aforesaid students ran after him. PW 5 Shiv Prakash was ahead of all. The students running after the accused saw his hands stained with blood. Shiv Prakash (PW 5) cried aloud asking the accused to stop and to let them know as to what had taken place. But the accused did not stop. The students could not catch the accused and they returned to the hostel. The Police Constables PW 9 Chainsingh and PW 17 Mohan Singh, who were on duty at Police Out Post Fatehpure situate not far from the Teachers Training College, heard the noise that some student had stabbed the other student in the hostel. He informed the concerned Police Station, Bhopalpura on telephone. These two constables came out of the Police Out Post and saw the accused running desperately towards Kharol Colony. They ran after him and after covering some distance caught hold of him. They brought him at the Police Out Post where the accused told them that he was a student in the Teachers Training College. The clothes he was wearing were drenched with blood and blood was oozing out from the palm of his hand. The police constables asked him as to how blood was there on his clothes and palm and thereupon the accused told them that he had stabbed his fellow student Ramesh Chandra. These two police constables immediately took the accused with them and left to go to Police Station, Bhopalpura.
(3.)PW 5 Shiv Prakash and other students, who ran after the accused but could not catch him, returned to the hostel. Many students had collected there. They found room No. 44 bolted from inside. The door was broken-open. PW 6 Subhkaran and other students found the deceased Ramesh Chandra lying in a pool of blood and blood oozing out from his wounds. There were multiple injuries on his body. The window in the back side of the room was found open. There were no iron-bars in the window. It has only wooden shutters. The students approached Shri A. B. Pathak (PW 5), a lecturer who as living in a staff quarter of the College. They informed him of the incident. Shri Pathak sent some students to bring the College Station Wagon and thereafter contacted the Principal Shri Kaidarnath (PW 3). The Principal was informed of the incident. He advised to immediately take the injured Ramesh Chandra to hospital in the Station Wagon. The students and Shri Pathak (PW 4) placed Ramesh Chandra in the Station Wagon and took him to General Hospital, Udaipur where he was declared dead by the doctor on duty. The Principal Kaidarnath (PW 3) also went to hospital and learnt there that Ramesh Chandra was no more alive. He re-turned to the College. He gathered the facts from the students as to how Ramesh Chandra was done-to death. He also learnt from them that the accused was seen running desperately and the students ran after him but could not catch him.

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