Saroj Bala, J. - (1.) THIS jail appeal is directed against the judgment and order dated 7.12.2006 passed by the Additional Sessions Judge, Court No. 9, Saharanpur in S.T. No. 357 of 2004, whereby convicting the appellant Kashmira for the offence under Section 302, I.P.C. and sentencing him to rigorous imprisonment for life with fine of Rs. 1,000 and in default to undergo one month's imprisonment.
(2.) THE facts leading to this appeal sans redundant details are these : On 18.4.2004 Mohit (victim), five years old son of the complainant Karam Singh (P.W. 1) was playing alongwith his brother Rohit (P.W. 3) in the verandah where their fodder cutting machine was installed. At about 11.15 a.m. the appellant who nursed a grudge against the complainant and was residing for the last about six years in Punjab, all of a sudden came in the verandah where complainant's children were playing. THE appellant gave Rs. 10 to Rohit for purchasing eatables and sent him off. THEreafter, the appellant caught hold of Mohit and subjected him to assault by striking different parts of his body against the gandasa (a cutting instrument) fixed in the fodder cutting machine. On hearing the outcries of the victim the complainant and his wife came out of the room and witnesses Subodh Kumar (P.W. 4), Surendra Kumar (P.W. 2) and Lokesh reached at the spot and saw the appellant tearing the chest of the victim with the sickle. THE appellant was overpowered and captured after giving thrashing and was taken to the police station. THE victim succumbed to the injuries at the spot. THE complainant got scribed the written report of the incident (Ext. Ka-1) by Subodh Kumar and laid it at police station Nakur the same day at 12.30 noon. On the basis of written report chick F.I.R. (Ext. Ka-2) was prepared by C/c Amresh Pratap Singh (P.W. 5) and the crime was registered under Section 302, I.P.C. in the General Diary at Serial No. 21 (Ext. Ka-3) on 18.4.2004 at 12.30 noon. THE special report was sent to the higher officers through C.P. Raj Kumar the same day and entry was made in the General diary at Serial No. 25 (Ext. Ka-4) at 4 p.m. Inspector Hari Prakash (P.W. 7) then posted at police station Nakur took the responsibility to investigate the case. The crime was registered at the police station in his presence. The accused-appellant was taken into police custody and sent for medical examination through constables. Thereafter, he went to the spot alongwith police force and complainant and others. The inquest on the dead body of Mohit was conducted and inquest memo (Ext. Ka-6) was prepared by H.C.P. Rajvir Singh under his supervision and instructions. During the course of inquest letters to R.I. and C.M.O., challan-lash, photo-lash (Exts. Ka-7 to Ka-10) were prepared. The dead body was sealed and handed over to C.P. Dharam Singh and C.P. Indrapal alongwith papers for transportation to mortuary for post-mortem. The Investigating Officer prepared the site plan of the place of offence (Ext. Ka-11). He took into custody the blood stained gandasa (Ext-4) after getting it removed from the fodder cutting machine, blood stained sickle (Ext.-3), blood stained and plain earth (Exts. 1 and 2) from the spot, under the memo (Ext. Ka-12). The appellant was medically examined by the Medical Officer, C.H.C., Nakur on 18.4.2004 at 1.50 p.m. and following injuries were noticed on his body as per medical report (Ext. Ka-15) : (1) L.W. 4 cm. x 4 cm. x scalp deep 1 cm. above, left ear bleeding. (2) L.W. .5 cm. x .5 cm. x scalp deep on left side back of head 10 cm. above, left ear bleeding. (3) L.W. 3 cm. x .5 cm. x scalp deep left side, .5 cm. behind, left pinna bleeding. The injuries were caused by some hard and blunt object and were of simple nature.
(3.) THE autopsy on the dead body of Mohit was conducted on 19.4.2004 at 3 p.m. by Dr. R. R. Gahlot (P.W. 6) and following ante-mortem injuries were found on his body according to the post-mortem report (Ext. Ka-5) : (1) Incised wound of size 1 cm. x 1/2 cm. x scalp deep on right side forehead 1/2 cm. above left eye brow. (2) Incised wound of size 1/2 cm. x 1/4 cm. x skin deep on left side forehead 2-1/2 cm. above left eyebrow. Margin cut clear. (3) Incised wound of size 1-1/2 cm. x 1 cm. x scalp deep on right side head near midline, 6 cm. above right eyebrow. Margin cut clear. (4) Incised wound of size 4 cm. x 1-1/2 cm. x muscle deep on right side face, 2 cm. in front of right ear. Trans oblique. Margin cut clear. (5) Incised wound of size 6 cm. x 1-1/2 cm. x muscle deep on right side face 2 cm. in front-below right ear lobule, extending upto right angle of mouth. Margin cut clear. (6) Multiple incised wound on chin and face right side in an area of 5 cm. x 6 cm. size varying 4 cm. x 1/2 cm. x muscle deep to 1-1/2 cm. x 1/2 cm. x muscle deep. (7) Incised wound of size 4 cm. x 3 cm. x neck tissues deep on right side neck lateral surface, oblique, 3 cm. left ear lobule. On exploration of wound neck vessels found cut and clotted blood present in tissues. Margins cut clear. (8) Incised wound of size 1 cm. x 1/2 cm. x muscle deep on left side head just left ear pinna. (9) Incised wound of size 6 cm. x 3-1/2 cm. x neck tissue deep on front and left side neck upper part just below angle of mandible. Margins cut clear. On exploration trachea found cut. Clotted blood present. (10) Incised wound of size 20 cm. x 7-1/2 cm. x neck and chest cavity deep, extending from front of neck right side near midline to chest left side obliquely 10 cm. above umbilicus at 1 O'clock point. Margins cut clear, left side lung and heart lying outside the wound and exposed. On exploration underneath injury trachea, olrophogus, colludriece, stem body and ribs left Ist to 5th found cut. Heart with left lung lacerated. (11) Abraded contusion 8 cm. x 1 cm. on right side chest, 4 cm. below right nipple. (12) Abrasion 2 cm. x 1 cm. on back of right elbow. (13) Multiple linear abrasions on front inner surface of left forearm in an area of 10 cm. x 4 cm. size varying 1 cm. to 4 cm. long. Rigor mortis was passing from upper extremities and was present in lower extremities. There was no decomposition. Green grass particles were present on the body at places. Duration of death was about one day. The cause of death was shock and haemorrhage as a result of ante-mortem injuries.;