Decided on January 17,1984

Narendra Kumar And Others Appellant

Referred Judgements :-



S.S. Byas, J. - (1.)By his judgment dated 30.8.78 the learned Additional Sessions Judge, Sirohi convicted accused Narendra Kumar under section 302 and the other accused Fate Singh under section 302/34, I.P.C. and sentenced each of them to imprisonment for life with a fine of Rs. 200.00, in default of the payment of fine to further undergo four months' rigorous imprisonment. They have come up in appeal to challenge their conviction and sentence.
(2.)Briefly stated the case set up by the prosecution is that deceased Bhanwar Singh Rajput was the resident of village Kanpura district Pali and was Sarpanch the Grampanchayat. Accused Narendra Kumar is also a resident of that village There sprung up deep rooted enmity between them. The deceased victim filed a revenue suit for division of the agricultural lands against the accused appellant Narendra Kumar and got a receiver appointed. That further embittered the relation between them. The relations of the deceased victim with accused Fateh Singh and his father Sardar Singh co-accused acquitted were also strained. The accused persons, therefore, nursed ill-ill against Bhanwersingh and were in search of proper opportunity to finish him for ever.
(3.)At about 8.00 A.M. on 15.6.77, Bhanwar singh was going on a bicycle from his village to Shivganj. When he reached near the well of one Bherji Rao situate in Mauja Chandna, the accused-appellants came from the opposite direction. Accused Fateh Singh caught hold of the victim and accused Narendra Kumar inflicted a number of blows to him with a dagger. Thereafter the accused-appellant ran away. Bhanwer singh fell down. There was profuse bleeding from his wounds but he did not become unconscious. His cousin Ramsingh (PW 4) while going to Shivganj found Bhanwersingh lying injured with bleeding wounds. He asked Bhanwersingh as to what had happened to him. Bhanwersingh replied that the accused-appellants had stabbed him. Ramsingh put him on a bicycle to take him to the hospital. In the way near the bungalow of one Raichand, they found a Tonga. The victim was placed in that Tonga and was taken to, the hospital. He was immediately admitted for treatment. The victim asked Ram Singh to immediately go to his house and inform the members of his family. Ramsingh went back to Kanpura. The condition of Bhanwersingh had become precarious. The police at Shivgannj was immediately informed on telephone by a peon of the hospital. The Station House Officer Bhikam Chand (PW 19) atonic reached the hospital and found the victim lying in the operation the after Dr. S. P. Purohit (P. W 10) - Medical Officer In charge of the hospital was attending him. The Investigating Officer asked the doctor whether Bhanwer Singh was in a fit condition to give statement. The doctor expressed the opinion that the victim was in a fit state to give the statement. Thereafter the statement of victim Bhanwer singh was recorded by the Investigating Officer. It was attested by Dr. Purohit. The statement recorded is Ex. P. 11. The injuries of the victim proved latal and he breathed his last at about 10.30 A. M. The police registered a case and proceeded with investigation. The postmortem examination of the victim's dead body vas conducted at about 1.00 P.M. on the same day by Dr. Purohit. He found the following injuries on the victim's dead body : External
(1) Punctured wound 3/4" x 1/2 x 2" on left third inter eostal space of chest wall mid clavicular line.

(2) Punctured wound 3/4" x 1/2" x 11/2" on 7th inter costal space of left side of the chest in mid axillary line.

(3) Punctured wound 3/4" x 1/2" x 2" on 7th inter costal space of left side of chest in mid clavicular line.

(4) Punctured wound 3/4" x 1/2" x 11/2" on left iliac fossa (abdomen).

(5) Incised wound 1" x 1/2" x 3/4" on middle of superior border of right scapula.

(6) Incised wound 1" x 1/2" x 1" on inferior angle of right scapula.

(7) Incised wound 3/4"x 1/2"x 1/2" on dorsum of left hand, 1/2" below the left ring finger vertically.

(8) Incised wound 1/2"x 1/2"x1/2" on dorsum of left hand on web space of thumb.

(9) Incised wound 3/4"x2/4"x1/2", 11/2'" posterior to thyroid cartilage on the left side transversal.

(10) Incised wound 3/4"x 1/2" x 1/2" on left mostoid process.

(11) Incised wound 1/2"x 1/4"x 1/4' on right side of back of neck at the level of 6th cervical vertebrae.

(12) Incised wound 1"x 1/2"x 3/4" on left 9th intercostal space middle of posterior side of chest wall.
(1) Injury No. 1 causing (1) 1/2"x 1/2" incised wound in pleurae, (2) 1/2"x 1/2"x 1/2" inside wound in upper lobe of left lung.

(2) Injury No. 2-causing injury to chest wall

(3) Injury No. 3-causing (1) incised wound 1/2"x 1/2" on superior border. of left diaphragm, (2) 1/2"x 1/2" incised wound in fundus of stomach causing perforation.

(4) Injury No. 4-causing 1/2" x 1/2" incised wound in peritoneum at left ilk fossa.
In the opinion of Dr. Purohit, the cause of death was hemorrhage and by cope. He was also of the apinion that injuries No. 1 and 3 (external) were sufficient in the ordinary course of nature to cause the death, both collectively as well s individually. The report prepared by him is Ex.P 12. The site was inspected by the Investigating Officer and blood-smeared earth was seized and sealed from there. To other articles like turban of the victim etc. were also seized and sealed. The accused appellants were arrested and in consequence of their disclosure statements, their blood stained clothes as well as the dagger used in the commission of the offence were recovered The articles were sent for chemical examination. On examination, the clothes of the accused-appellants and the dagger were found stained with human blood. On the completion of investigation, the police presented a challan against the accused appellants and Sardar singh in the Court of Judicial Magistrate, Sirohi, who in his turn committed the case for trial to the Court of Sessions. The learned Addition Sessions Judge framed a charge under section 302 against accused Narendra Kuraaf under Sec. 302/34 against accused Fatehsingh and under section 302/109, I. P CI against accused Sardar Singh. The accused pleaded not guilty and faced the trial Accused Fatehsingh denied his presence on the place of occurrence and advance the plea of alibi. According to him, on the day of occurrence he was ( Jodhpur. Accused Sardarsingh took the plea that due to his strained relations with the family of the deceased-victim, he was falsely implicated. Accused Narendi Kumar admitted his presence on the place of occurrence. He also admitted that had stabbed the victim. He put forward the plea of right of private defence person. In his statement under section 313, Cr. P.C. he stated that he was going from Shivganj to his village Kanpura. In the way the deceased-victim met him an made an assault on him. They grappled with each other. The victim who ha knife with him, wanted to strike blows to him (accused). He snatched away knife and in order to defend himself and ward off further attack, he struck bio1 with it to the victim. During trial, the prosecution examined 23 witnesses and filed some documents. In defence, the accused examined 11 witnesses and some documents were also filed. On the conclusion of trial, the learned Additional Sessions Jud found no incriminating evidence against accused Sardar singh. He was, therefor acquitted. The learned Sessions Judge found no merit in the defence plea of accused Narendra Kumar and Fateh Singh. The charges were held duly established again them. The accused-appellants were consequently convicted and sentenced as mentioned at the very out-set. Aggrieved against their conviction and sentence, to have taken this appeal.

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