HANUMAN NATH Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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S.S. BYAS, J. -
(1.)- This is an appeal by accused Haruman Nath directed against the judgment of the learned Sessions Judge, Churu dated July 10, 1978 convicting the appellant under sections 302 and 447, Indian Penal Code and sentencing him to imprisonment for life with a fine of Rs. 200/- in default of the payment of fine to further undergo three month's regorous imprisonment under the second count. The substantive sentences were directed to run concurrently.
(2.)At about 6.00 P.M. on 3-7-77, PW 14 Bhagwan Ram appeared at Police Station, Ratausar (District Churu) and verbally lodged report Ex. P 14 stating therein that he was sent by the villagers of Mehrawansar to lodge the information that a quarrel had taken place in the village in which one woman has met death. The Station House Officer Shri Gauri Shanker (PW 28) recorded the report in the Rojnamcha Sine the report was vague and disclosed no facts, the Station House Officer immediately left for village Mehrawansar. He reached there at about 8-30 P M. PW 14 Trilokaram met him there and presented written report Ex. P. 12. It was stated therein that in the afternoon of 2-7-77, PW 13 Birhalram, the deceased victim Smt. Kesar and he were working in his field situate in Mauja Mehrawansar Smt. Kesar was working as their hired labour. The accused-appellant accompanied with Khumanaram and Dularam (both real brothers) came there riding on a camel. They were armed with Lathies. Khumanarani and Dularam started beating him (Trilokaram) and his brother Birbalram (PW 13). Accused-appellant started beating Snit. Kesar. The accused appellant also thrust a lathi in the private parts of Smt. Kesar. She became unconscious. The accused-appellant thereafter tied her hands with a rope and dragged her for some distance. Birbalram also became unconscious. The accused-appellant and his two companions thereafter went away. It was further stated therein that he (Trilokaram) left the place and came to the village. He informed his father and other persons about the incident. The Station House Officer treated Ex. P. 12 as the First Information Report and registered a case on its basis under sections 302, 307 etc. of the Penal Code. The usual investigation ensued. The Investigation Officer prepared the inquest report of the dead body of Smt. Kesar, which was lying on a cot in her house. The site was also inspected. The injuries of Birhalram (PW 13) were examined at about 1.30 A.M. on 4-7-77 by PW 20 Dr. M.L. Shyamsukha, the then Medical Jurist, D.B. Hospital, Churu. He found the following injuries :
(1) Lacerated wound 1, l/_" x" x on left parietal region simple blunt.
(2) Lacerated wound l" x" x" posterior to injury No. 1, Simple -blunt.
(3) Lacerated wound 1/2" x" x" back of left foream upper one-third - Simple-blunt.
(4) Contusion 1" x 1" right thigh middle laterally-simple-blunt. (5) Abrasion 1" x" above right knee joint. Simple-blunt.
All the injuries were designated as simple and caused by some blunt object. The injury report issued by him is Ex. P. 20. At about 10.00 A.M. on the same day, he examined the injuries of PW 14 Trilokaram and found the following:
(1) Abrasion 1/2" x 1/2" back of right ear.
(2) Abrasion 1/2" x linear hack of right index finger. (3) Swelling 1/2" x 1/2" above right knee joint.
The injuries were said to be simple and caused by some blunt object. The injury report is Ex. P. 21. At about 11.00 A.M. on the same day he performed the autopsy on the dead body of Smt. Kesar and found the following:
(1) Diffused contusion of nose.
(2) Lacerated wound 1 1/2" x 1/2 x 1/2" in the right fist inter digital space.
(3) Lacerated wound" x" x ⅙" on right leg middle anteriorly.
(4) Contusion 1" x 1" left buttock.
(5) Contusion with abrasion 3" x 1 1/2" on the left side of back of chest.
(6) Abrasion 2" x 2" on right side of chest lower part laterally.
(7) Abrasion 1/2" x 1/2" on the front of left wrist.
(8) Contusion 1/2" x 1/2" left shoulder blade middle.
(9) Vulva was contused. Facal matter was coming out of anus.
(1) 3rd, 5th and 6th ribs were found fractured.
(2) Liver was enlarged. There were lacerations two in number on the anterior surface. Average was 2" x 1 1/2" x 1".
(3) One laceration was found on the anterior surface of the size of 1" x 1/2" x 1/2".
Valve was oedematous and congested. There was swelling at the external anal opening. Anal sphincter was patulous. Facal matter was coming out of anux. The doctor was of the opinion that the cause of death of Smt. Kesar was injuries to the liver, haemorrhage leading to shock and death. The post-mortem examination report issued by him is Ex. P. 22. The doctor also examined the injuries of accused Dularam and found the following.
(1) Abrasion with blackish scab 1" x 1" on left parietal region.
(2) Abrasion with brownish scab 1" linear left thigh upper one-third laterally.
(3.)The injuries were simple, caused by some blunt object. The injury report issued by him is Ex. P. 19. The blood-smeared clothes of the deceased were also seized. The accused persons Hanuman Nath, Khumanaram and Dularam were arrested and in consequence of the information's furnished by them lathies an a rope were recovered. On chemical examination, most of these articles were found stained with human blood. On the completion of investigation, the police submitted a challan against Khumanaram, Dularam and the accused-appellant, in the Court of the Chief Judicial Magistrate, Churu, who in his turn committed the case for trail to the Court of Sessions. The learned Sessions Judge framed charges under sections 302, 447 and 307/34 against the accused-appellant under section 302/34, 317 and 447 Indian Penal Code against Dularam and under sections 302/35, 307/34 and 447, I.P.C. against Khumanaram. All the three accused pleaded not guilty and claimed to be tried. According to them, they have been falsely implicated. During trial, the prosecution examined as many as 28 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found no incriminating evidence against accused Dularam and Khumanaram. They were, therefore, acquitted of the offences they were charged with. The learned Sessions Judge, however, held the prosecution case substantially true against the accused-appellant. He was consequently convicted and sentenced as mentioned at the very upset. Aggrieved against his conviction and sentence, the accused-appellant has taken this appeal.
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