S.C.AGARWAL, J. -
(1.)GOPAL Singh has filed this appeal against his conviction for the offences under Sections 302 and 380, IPC and the sentence imposed on him for the said offences on him by the learned Session; Judge, Aimer by her judgment dated 21st November, 1974, in Sessions Case No. 18 of 1974.
(2.)IN the Sessions Case aforesaid, the appellant and one Bhag Chand were prosecuted in connection with the murder of one R. P. Pillai. The accused -appellant was tried for the offences under Sections 302, 380 and 201, IPC and, Bhag Chand was tried for offences under Sections 302 and 201, IPC. The learned Sessions Judge acquitted accused Bhag Chand of all the offences and acquitted the appellant of the offence under Section 201, IPC, but convicted him of the offences under Section 302 and 380, IPC. 'The appellant has been sentenced to imprisonment for life under Section 302, IPC and to two year's rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine to six month's rigorous imprisonment under Section 302 IPO.
The case of the Prosecution, in brief, is that deceased R. P. Pillai was serving as an overseer in the Districi Soil Conservation Office, Ajmer and was incharge of the famine relief work at Beawar. The appellant was employed as a Chain -man in the said office at Ajmer. On the night intervening 15th and 16th October, 1973 he was entrusted with the night duly as Chowkidar and he had slept in the office on the night. The deceased had also been sleeping in the office for the past 15 days prior to the date of the incident, and on the night intervening 15th and 16th October, 1973 he also was sleeping in the office. On 11th October, 1973, a sum of Rs. 10,000/ - had been advanced to the decessed for payment to the work -charged labourers at the famine relief work, and out of the said amount the deceased had given Rs 500/ - to his brother, K.C. Rajan (P(sic)V 5), and the balance amount was placed by him in the almirah in his room in the office. On the morning of 11th October, 1973, at about 6 a.m., Kumari Sushila (PW 2) noticed a dead body lying in the compound of the house of Dr. Suraj Narain on seeing the dead body telephonically informed the police station, Civil Lines, Ajmer about the dead body lying in the compound of his house. On the basis of the said telephonic information Shri Girdhari Lal Chandela (PW 12) SHO Police Station, Civil Lines, Ajmer recorded the FIR (Ex. P. 17) on October 17, 1973 at 6, 15 a.m. and a case under Section 302. IPC was registered. The investigation of the case was handed over to Inspector Sheru Singh (PW 16), who arrived at the spot and prepared the Panchnama (Ex. P. 37) and site -plan (Ex. P. 38) and also seized the blood stained earth from near the dead body vide memo Ex. P. 33. The dead body was indentified as being that of deceased R. K. Pillai by Raghunath Singh (PW 3) and Sukhdev Prasad (PW 8), and memo of identification of the dead body Ex P. 2, was prepared on 17th October, 1973. The autopsy on the dead body was conducted by Dr. B.P. Gupta (PW 17), Medical Jurist, J. L. Hospital, Ajmer on 17th October, 1973 at 1.15 p.m. and he prepared the post -mortem report Ex. P. 48. On post -mortem examination Dr. Gupta found four lacerated wounds and five to six linear abrasions on the person of the deceased. Lacerated wound were on the right side of fore head near the right nostril, on both lips, on the middle of the forehead and near the left eye brow. On opening the scalp, Dr. Gupta found that there was a pap of bone involving both frontal bone in the area of 3' x 2 -1/2' placed longitudinally near almost all the four wounds, brain material was coming out of the gap and there was fracture of anterior carnial fossa on left side. According to the opinion of the Medical Officer, the death was caused by shock and haemorrhage produced by the direct injury to brain.
(3.)ON October 20, 1973, the Investigating Officer seized the Advance Register, (Ex. P/1) from the office vide seizure memo Ex. P/7. On 21st October, 1973. he inspected the District Soil Conservation Office, Ajmer, and during the course of inspecting he found blood on the one of the stairs of the stair case of the office, and he recovered the same vide, memo Ex. P/9 - He also found blood on the water tank of the bath -room on the roof, and the same was recovered vide memo Ex P. 32. Blood was also found on the compound wall of the office and the same was recovered vide memo Ex. P/8. A bedding stained with blood was found in the stairs and the same was seized vide memo Ex. P/34. In the latrine he found coconut coir which was slightly wet, and the same was seized vide memo Ex. P/10. He also seized a bed -sheet in the room of the rest house vide memo Ex - P/35. The appellant was arrested on October 21, 1973 vide memo Ex. P/39. After arrest, the appellant gave information on October 21, 1973 vide memo Ex. P/40 about his having concealed the currency notes in the ventilator of his house and on the basis of the said information currency notes of the value of Rs.8, 870/ - were recovered from the ventilator in the house of the appellant in Mali Mohalla on October 21, 1973, vide memo Ex. P/15. On the 22nd October, 1973, the appellant also gave information vide memo Ex. P/41, about his having concealed an iron angle (hold fast), Chappal and keys in the office. On the basis of the said information three keys were recovered from the water closet in the office vide memo Ex. P/6, a pair of Chappals Ex 4 and 5 were recovered from the compound of the office vide memo Ex. P/5 and iron angle (hold fast) Ex. 9 was recovered from the compound of the office vide memo Ex. P/11. On October 23, 1973, the appellant gave information vide memo Ex. P/42 about having burried a bed -sheet, a blue pant and Khaki pant in jute bag near the well in the bungalow of Shri Jhala, and on the basis of the said information a gunny bag was recovered from the house of Shri Jhala and it contained a bed -sheet, two pants and two bricks which were seized vide memo Ex. P/14. On October 25, 1973, the appellant gave information vide memo Ex. P/45 with regard to the pant and bush -shirt and on the basis of the said information a pant which was worn by the appellant and was stained with blood was recovered vide memo Ex. P/13 and bush -shirt was recovered from the house of the appellant vide memo Ex P/18. Accused Bhagchand was arrested on 23rd October, 1973, and on the basis of the information given by him certain articles were recovered. Clothes found on the persons of the deceased, the sample of the earth stained with blood which was seized from the office, the angle iron, the two pants, the bed sheet and the two bricks which were recovered in the gunny bag from the house of Shri Jhala, the pant seized from the poison of the appellant as well as the articles recoverded at the instance of the accused, Bhagchand, were sent for chemical Examiner to the Government of Rajasthan, and the report, Ex. P/46, of the Chemical Examiner was that they were all positive for blood. The said articles were all also sent to the Serologist and the report Ex. P/47 of the 'Serologist was that ail the articles except small pieces of lime plaster and scrapings from two bricks were stained with human blood and with regard to the small pieces of lime plaster, it was stated in the said report that the blood stains on the said articles were disintegrated and their origin could not be determined. After completing the investigation the police submitted a charge -sheet against both the accused persons and they were committed for trial to the Court of Sessions. The learned Sessions Judge framed the charges for the offences referred to above. The accused pleaded not guilty and claimed to be tried.