J.C.GUPTA,S.K.AGARWAL,JJ. - (1.) APPELLANT Arun Kumar alias Kalu Ram son of Sant Ram has preferred this appeal against the order dated 21 -12 -1981 passed by the then VI Addl. Sessions Judge, Meerut in Sessions Trial No. 425 of 1980 whereby the appellant has been convicted under Section 394, I.P.C. and sentenced to undergo 5 years RI and under Section 302, I.P.C. with the sentence of imprisonment for life. Both the sentences are to run concurrently.
(2.) THE deceased of this case was Smt. Amarjeet Kaur. Till 1978 her husband Sardar Joginder Singh had been in service in Jaswant Sugar Mill and he had been provided quarter No. 15 -B within the mill campus. He has two grown up sons. Dunng the relevant days one of the sons was employed in Ghaziabad while the other in Bombay. Sardar Joginder Singh himself had started living in Ropan while Smt. Amarjeet Kaur was alone living in quarter No. 15 -B. Just in front of this quarter lived Khairali Ram Kapoor, P.W 10 in quarter No. 14. Vir Singh, P.W. 5 lived in neighbourhood of Sml. Amarjeet Kaur Sant Ram, the lather of the appellant was also serving in the same mill and for sometime lived in the house adjacent to the quarter of Amarjeet Kaur and their family members were on visiting terms and had known each other well. The appellant from his childhood was thus well known to Smt. Amarjeel Kaur and the witnesses of the case. The case of the prosecution is that in the morning of 22 -8 -1980, the appellant along with his two associates entered into the house of Smt. Amarjeet Kaur and com ­mitted robbery and when resistance was put by Smt. Amarjeet Kaur, the appellant stabbed her with knife as a result of which she sustained a number of injuries. Harvinder Singh, P.W. 2 who was then staying in the quarter of Sardar Vir Singh, P.W. 9 heard cries and shrieks coming from the quarter of the deceased. He came out of the quarter of Vir Singh and saw three persons running from the quarter of Smt. Amarjeet Kaur. Out of whom he identified the appellant who was then holding a blood stained knife. In the meantime Vir Singh, P.W. 9 K.R. Kapoor, P.W. 10 and others also arrived at the quarter of Smt. Amarjeet Kaur. All these persons found that the western door of the quarter was open and Smt. Amarjeet Kaur was lying on the floor in her house in a pool of blood. Smt. Amarjeet Kaur told these witnesses that she has been stabbed by the appellant and his two associates and has also been robbed of her jewellery which she was wearing on her person. She also asked K.R. Kapoor, P.W. 10 to call the doctor whereupon Vir Singh, P.W. 5 was sent for that purpose. In the meantime, K.R. Kapoor informed Jagtar Singh, P.W. 1 on phone of this and also that Smt. Amarjeet Kaur has been stabbed by the appellant and his associates. It may be mentioned here that Sardar Joginder Singh, the hus ­band of the deceased is the first cousin of Jagtar Singh, that is, she was Bhabhi (sister -in -law) of Jagtar Singh. Before Jag ­tar Singh could arrive at thesceneol occur ­rence, a car was arranged for taking the injured to hospital and when she was being removed in the car, Jagtar Singh P.W. 1 arrived there and inquired from her wtfereupon Smt. Amarjeet Kaur told him that the appellant along with his two as ­sociates had assaulted her with knife when she tried to put resistance. Smt. Amarjeet Kaur was then taken to PyareLal Hospital where she was admitted at 7.15 a.m. Dr. S.K. Tyagi P.W. 7 medically examined and found the following injuries: 1. Incised wound 2 cm x 1 cm x cavity deep, 6 cm below naval at 8 O'clock position, bleeding present and bowel loops coming out of wound. 2. Incised wound 2 cm x 1 cm x cavity deep, 6 cm below naval at 4 O'clock posi ­tion, bleeding present. 3. Incised wound 1 cm x 0.5 cm x cavity deep, 5 cm left to injury No. 2, bleeding present. 4. Incised wound 0.5 cm x 0.2 cm x muscle deep, 4 cm above the naval vertical ­ly placed, bleeding present. 5. Incised wound 2 cm xO.5 cm x cavity deep, 3 cm above and right to injury No. 4 bleeding present. 6. Incised wound 1 cm left side x 0.3 cm x cavity deep, 2 cm right to injury No. 5, bleeding present. 7. Incised wound 3 cm x 0.5 cm x cavity deep with a tailing of 15 cm on the left side. 8. Lacerated wound 5 cm x 2 cm x bone deep right index and middle finger, bleeding present. 9. Incised wound 2 cm x 2 cm x bone deep 0.8 em below left eye, bleeding present. 10. Incised wound 2 cm x 0.5 cm x bone deep, 5 cm above the left eye, bleed -ing present. 11. Bruise 8 cm x 2 cm in front of left ear radish. All the injuries were fresh, caused by sharp weapon except injuries No. 8 and 11 which were caused by blunt object. Copy of injury report is Ex. Ka -9.
(3.) SMT . Amarjeet Kaur was then referred to medical college and was ad ­mitted there at 11.30 a.m. She was given treatment and then the Medical Officer of the casualty ward sent an information in writing to the Station Incharge, Police Sta ­tion Medical College, Meerut to make ar ­rangement for recording her dying declaration as early as possible. The Executive Magistrate, Shri Prem Sagar, P.W. 6 reached the medical college for recording the dying declaration of Smt. Amarjeet Kaur and on the same day i.e. 22 -8 -1980 at 4.30 p.m. he recorded the dying declara ­tion of Smt. Amarjeet Kaur, Ex. Ka -8, in the presence of Dr. Rakesh Mohan Kaushik, P.W. 11. In her dying declaration, Smt. Amarjeet Kaur stated that she got up at about 5 in the morning and when she came out in the verandah, a boy Kalu Ram son of Sant Ram Sehgal who was living in the mill area came towards her, put a towel on her mouth and started dragging her towards the Drawing Room. She fell down whereupon accused sat on her neck. In order to save herself she caught hold of testicles of the accused. Two companions of the accused were then standing in the verandah. Accused asked them to bring knife which the accused immediately got from them and thereafter accused - appel ­lant inflicted 5 -6 knife blows on her and robbed her of her four gold bangles, one ear ring and one gold ring from her person and also assaulted her by a blunt object on her head. The statement was read over to Smt. Amarjeet Kaur and thereafter her thumb mark was obtained over the same by the Magistrate. Dr. Rakesh Mohan Kaushik, P.W. 11 appended certificate Ex. Ka -8 certifying her mental state to be fit for making the dying declaration.;