- (1.) U. K. Varma, J. Sri Anad Prakash Agrawal, Sessions Judge, Nainital on 11-4-1980 in the Sessions Trial No. 73 of 1979 had convicted Guru Charan under Section 302 of the Indian Penal Code and sentenced him to under go rigorous imprisonment for life. Aggrieved by his judgment and order, Guru Charan has filed this appeal from jail.
(2.) THE prosecution case is the sad tale of a farm labourer Om Prakask who lost his life, for declining to work in lieu of unpaid debtor not agreeing to his wife being ravished by Guru Charan, the sex maniac beastly disposed labour supervisor. Om Prakash and his brother Sohan Pal were allegedly serving on the 'geroail's Farm'. THE appellant Guru Charan was a 'munshi' employed to take the attendance of the workers on the farm. THE wife of the deceased Smt. Shanti Devi was a domestic servant in the house of the farm owner Gernail Singh. About three months before the incident, Om Prakash, deceased and his wife Smt. Shanti Devi and also his brother Sohan Pal left the farm of Gernail Singh and came to serve on the farm of Chaudhari Ram Swaroop in village Badripur where upon Buddhi, the sister's husband of Smt. Shanti Devi, was a labourer, Guru Charan visited Om Prakash a number of times and demanded that he should either return the loan of Rs. 250 or serve on the 'gernail's Farm' in lieu of it. A day before the incident, the managed to take Sohan Pal, to that farm. On the date of the occurrence i. e. , 21-11-1978, he had first come in the afternoon at 2. 30 p. m. along with another farm labourer Hari Prasad and enquired about Om Prakash and when he was informed that he had gone to Bazpur, he insisted that Smt. Shanti Devi should accompany him. Smt. Shanti did not agree to it. She, although not so mentioned in the F. I. R. had in her cross-examination pointed that in fact no amount was really due to Guru Charan from Om Praknsh. He wanted to take her for sexual intercourse. He had made amorous advances while she was serving at the house of Gernail Singh and in fact for this reason they had left the service of Gernail Singh. THE wife of Chaudhary Ram Swaroop, Smt. Chandro had also told the appellant that Smt. Shanti Devi would not go with him without her husband Om Prakash too accompanying her. Guru Charan got infuriated at this and had threatened that it would have dire consequences. He at that time, went away with Hari Prasad on a cycle. Around dusk, Smt. Shanti, Smt. Chandro and Buddhi heard the cries of Om Prakash from the nearby sugar- cane field of Ram Swaroop. THEy all rushed to his rescue. Smt. Shanti and Buddhi saw Guru Cbaran appellant inflicting injuries with the darati whereas another person, whose name was not disclosed in the F. I, R. but during investigation and trial was shown to be Hari Prasad, pressing him. Smt. Chandro noticed Guru Charan along with his associate making good their escape from near the dying Om Prakash. THE blood-stained 'darati' had been left behind. THE appellant and his associate had been fully identified in the light of the setting sun. THE dead body of Om Prakash was lifted from the sugarcane field and kept on the path infront of the varendah of Ram Swaroop. The F. I. R. had been lodged by Buddhi at 7. 55 p. m. at the P. S. Bazpur which is shown to be at a distance of 4 kms. from the place of the incident. The inquest report was prepared between 9 p. m. and 10 p. m. on the same day. The autopsy on the dead body of Om Prakash had been conducted by Dr. M. Husain, P. W. 9 on 22-11-1978 at 4. 30 p. m. He found the following antemortem injuries on his person which he recorded in his post-mortem report Ext. Ka-4: (1) Incised wound 13 cms. on front of neck upper half starting from left lateral side of the neck just under mendiable angle, passing just over upper edge of thyroid cartilage, cutting larynx on right upper edge, on the left the cornu of hyoid bone was cut, pharynx was cut, on right side upper edge of oesphagus cut, on the left both carotid arteries and vein cut, on right side both the catotid arteries at bifurcation and vein cut. The wound was deep up to vertabae, on the left it was a bit higher on the righ it was lower with 5 cms. gapping. (2) Arbaded contusion 4 cms. above the left nipple front of shest, 2 cms. x 2 cms. (3) Abraded contusion 1 cm. x 1 cm, , 3 cms. above the left anterior superior iliac spine. (4) Punctured wound with incised margins, 3. 5 cms. x 1 cm. X 4 cms. on the left side waist just left to midline passing forward outer side. (5) Multiple abrasions on the back, left side back of waist in an area of 6 cms. x 5 cms. varying from 3 cms. x 2 cms. to 1 cm. X 1/10 cm. The doctor opined that the death of Om Prakash had resulted due to shock and haemorrhage on account of the injury No. 1. Dr. M. Husain while in the witness box had been shown the 'daratt' material Ext. 1. He deposed that the injury No. 1 which was sufficient in the ordinary course of nature to cause the death of Om Prakash could have been inflicted by this weapon. So far as the injuries No. 2 and 3 were concerned, he pointed that they could have been caused by its reverse side. He, however, expressed inability to say whether the injury No. 4 had been inflicted by that very weapon or not. The injury No. 3, he stated had been caused when the body of the deceased rubbed against the ground.
(3.) THE I. O. , J. S. Tyagi, P. W. 13 pointed that he reached the scene of occurrence with the Sub-Inspector B. B. L. Sharma immediately after the registration of the case against the appellant Guru Cbaran and another person shown to be unknown. He instructed B. B. L Sharma to prepare the inquest report narrative of which shows that a large number of persons had been found around the dead body which was lying, near the field of Chaudhary Ram Swaroop in front of his verandah by the roadside. It was sent for post-mortem examinations, report whereof has been quoted above in part. 5. THE appellant Guru Charan and Hari Prasad were arrested in connection with the crime in question on 22-11-1978 at the pantel Farm. THEy were instructed to keep themselves in veiled condition as they had to be put up for identification. THEy ramained as such while in the custody of the Bazpur police and were put up for identification on 8-1-1979. THE appellan Guru Charan had been correctly identified by Smt. Chandro, P. W. 2 and Buddhi, P. W. 3 but Hari Prasad could not be identified by Buddhi. He made a mistake in his parade. Smt. Shanti did not participate in their identification proceedings as she admittedly knew these persons and on the information provided by her, their names had found mention in the first information report. The trial Judge gave benefit of doubt to Hari Prasad and acquitted him mainly on the grounds that he was not shown in the F. I. R. to be accmpanying the appellant Guru Charan. when he made the murderous assault and further because he had not been identified by Buddhi, P. W 5.;