B.P.BERI, J. - (1.) BY this judgement dated the 13th April, 1968, the learned Additional Sessions Judge, Dholpur has convicted Vijai Bahadur, Editor of 'Bedharak', for the murder of Surajbhan, Editor of 'Lal Nishan', and sentenced him to a term of imprisonment for life and further to two years rigorous imprisonment for possesssing an unlicensed revolver. Aggrieved by that judgment. Vijai Bahadur appeals and the State prays for the enhancement of his sentence of life imprisonment to one of death.
(2.) IN the town of Bharatpur two news papers 'Lal Nishan' and 'Bedharak' were edited by Surajbhan and Vijai Bahadur respectively. The relations between these editors were clearly inimical and through the medium of these papers they expressed their deep hostility against one another in unmistakable, if also in equally unedifying, language. On 25 -4 -1966 between 8 -30 and 9 P. M. Surajbhan was walking in Loha Bazar, Bharatpur, and when he was near the shop of Kishanlal, he was riddled with six revolver, shots in quick succession by Vijai Bahadur and died on the spot. Reports from these gun shots attracted the shopkeepers one of them Badri Prasad saw a man resembling Vijai Bahadur running, another Mangilal saw him near Suraj Bhan with a pistol in his hand and thereafter running. Vijai Bahadur while running collided against a boy in the lane and then disappeared. Latter in the night at about 11 P. M. Vijai Bahadur went to an Advocate's house presumably to consult him. Surajbhan and Bharatpur's Superintendent of Police were not on good terms and, therefore, the Inspector General of Police deputed Shri Kashi Prasad, Deputy Superintendent of Police, Criminal) Investigation Department, Jaipur, to investigate the cage, He arrived in Bharatpur on 26 -4 -1966. He got examined the body of Surajbhan, which had six wounds of entry and two of exit mostly in thoracie region by 38 cartidges and died on that account. Four bullets were found deposited in his body, one was recovered from the fold of vest and, one from a nearby drain. On interrogation Vijai Bahadur gave information to the Police that he could get the revolver and empties recovered and pursuant to this information, under Section 27 of Indian Evidence Act one revolver of 38 bore with' six chambers for bullets was recovered from a niche in the meat of Kumber fort, Bharatpur, and six empties of 38 bore were collected from the garbage heap near Post Office. They were sent to the Ballistic Expert, who found that from the firing pin mark that the recovered empties were fired by the recovered revolver and that the bullets recovered from the dead body of the deceased Surajbhan and from the vest -fold and nearby drain were of 38 bore could be fired by the revolver recovered at the instance of the accused. After investigation the Police submitted a report to the Court of the Munsiff Magistrate, Bharatpur, who after preliminary enquiry committed Vijai Bahadur to face his trial before the Sessions Judge, Bharatpur, who transferred the case to the Court of the Additional Session's judge, Dholpur for trial. The prosecution examined 22 witneses to prove its case. Vijai Bahadur in his statement before the trial court denied the allegations against him. He pleaded ignorance also of certain allegations and added that because he had written an article against the Bharatpur police the case had been concocted by it against him. He, in defence, examined 4, witnesses, whose evidence need not be referred to because in the course of long arguments before us neither party referred to it. The Court examined two witnesses of its own. One was Mr. Suraj Ban, the Superintendent of Police and the other was Sub -Inspector police Abhimanyu, The learned Additional Sessions Judge in his long judgment has closely considered every link against the appellent and convicted and sentenced him as already indicated.
(3.) FROM the evidence of Dr. B. P. Jangid PW 18 Medical Jurist in the General Hospital, Bharatpur, it is proved that he performed the postmortem examination of Surajbhan (32) on 26 -4 -1966 at 7 -30 A.M. His death had occurred within 24 hours. He had; (1) oval wound 1' X ' muscle deep on the right anterior axillary line 3' above the cartal margin. The direction of the wound was upward. After X -Ray a bullet was recovered on dissection (2) Circular wound of half inch diameter and chest cavity deep on the back of chest, 1' - -away to the left of the vertebral column ( wound of entrance) at the level of 8th rib which was fractured. Dissection of the wound showed the track of the wound to pass through the lower lobe of the left lung, then ruptured the left ventricle of the heart and came out through the abdominal wall below the last sterne -costal junction on right side. The size of the wound was 1' X '' ( Wound of exit ). Margins of the wound on posterior side Were inverted and those on the anterior side were uverted (3) Circular wound of 'diameter and thoracic cavity deep with inverted margins below the junction of last left rib and, the sternum. The dissection showed the track of wound to pierce the diaphragm and coming out through a wound 1' X ', 1' below and lateral to the entrance wound of injury No. 2. The margins of the Wound were everted. (4) Circular wound of ' diameter and chest cavity deep 1' below, lateral to the entrance wound of injury No. 3 the margins were inverted. The track of the wound was directed upwards, laterally and posteriorly. Bullet No. 3 as shown in X - -Ray film was removed from the wound. (5) Circular wound ' X ' by muscle deep on the left side of the vertebral column, 2' away from it, at the level of 5th rib. Dissection of the wound was done and bullet No. 4 as shown in X -Ray film was removed. The direction of the wound was irregular and the margins were inverted (6) Circular wound of ' diameter and addominal cavity deep on the mid -axillary line on left side below the costal margin with inverted margins. The dissection of the wound led to the left kidney, rupturing it at the upper pole. Bullet No. 5 as shown in X -Ray film was taken out from the site.;