K.D.SHARMA, J. - (1.) THIS Is an appeal preferred by Mithalal alias Mava against the judgment of the learned Sessions Judge, Banswara, dated 13th April, 1979, by which the appellant was convicted for the offence of murder under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/ -, in default of payment of fine to further suffer rigorous imprisonment for one month.
(2.) THE incident that led to the arrest and prosecution may be briefly described as follows : Nathji Pagola lodged a verbal report with the Police at Police Station Bhakiya on 20 -10 -1973 at 4 P.M. about on incident of murder of Smt. Lali. It was alleged in the report that on 20 -10 -1978 in the noon Nathji Informant was ploughing his field and his elder brother's wife Mst, Lali was cutting crops of pady in her nearby field At that time Chatra son of Joti Pargi resident of T.B. Jimi came in her field having armed himself with an iron 'Kassi' (known as 'Ko' in dialect of that locality) and struck blows with It on her hand and thereafter disappeared from there. It was further alleged lo the report that the occurrence was eye witnessed by one Kaba also who was working in his field that lay at some distance from the place of incident. On hearing that her eider brother's wife Mst. Lali was lying injured in her field. Nathji informant claimed to have rushed to the house of Velji son of Taju Gracia and to have informed him that his elder brother's wife had been killed by Chatra. Thereafter he professed to have met Velji member to whom also be gave the aforesaid Information. Velji member accompanied the informant to the Police Station for making a report of the incident. Nathji informant further stated in the report that he was further informed by his brother that Chatra owed some money to his elder brother's wife who scolded Chatra upon his failure to make the payment and this led to the Incident. The above Information was reduced to writing by Bansilal SHO Police Station Bhukia, the very day on 20.10 1978. On the basis of the said report Bansilal registered a criminal case under Section 302 IPC and took up usual investigation into the matter. He rushed to the place where occurrence took place the very day on 20 -10 -1978 and inspected the site and prepared a 'panchanma' Ex. P. 2 on the dead body and a site plan and site inspection memo Ex. P. 3. He took one Datli and blood stained earth into his possession and sent the dead body of Mt. Lali to village Bagidora for post mortem examination Dr. Z. N. Ansari conducted an autopsy on the dead body of Mt. Lali and found the following external injuries: 1. One oblique contused wound 5 cm. x 2 cm. x cavity deep over occipital bone, Rt. side with fracture of occipital bone. 2. One horizontal confused wound 5 cm. x 2 cm. x cavity deep over occipital bone with fracture of occipital bone. 3. Contusion of 3 cm. diameter over front of Rt. knee joint. 4. Three contusions .of 1 x 2 cm diameter over the Rt. foot medial side near Rt. great toe. 1 to 2 cm. apart. Upon dissection of the body the doctor detected fracture of occipital bone as at two places at the side of external Injuries over skull. In his opinion the death of Mt. Lali occurred due to shock and hemorrhage as a conseuqnce of ante mortem external injuries Nos. 1 and 2 According to the doctor the duration of death was 20 to 24 hours at the time of post mortem examination and the external injuries were caused by some hard blunt substance and Injuries Nos. 1 and 2 fatal and the rest of them were simple lo nature. After the post mortem examination was over Bansilal SHO took into possession Sari of the deceased which she was wearing on her body and sent the blood smeared soil, control soil, sari and iron rod which was recovered at the instance of the appellant and in consequence of his information to Forensic Science Laboratory Rajasthan Jaipur for analysis. The Director of the said Science Laboratory analysed the aforesaid articles and detected blood on them. He, however, forwarded the stained cuttings samples from the articles to the Serologist for Serological examination, but curiously enough the prosecution could not produce the report of the Serologist for reasons best known to it.
(3.) IT will not be out of place to mention that although in the first information report lodged by Nathji, the crime was alleged to have been committed by Chatra son of Jyoti Pargi resident of village T B Jumi, but in the course of investigation Bansilal SHO came to know Kava, Smt. Gangari Smt. Jeetali and Smt. Makur(sic) eye -witnesses that Mithalal alias Mava appellant was responsible for causing the death of Mst. Lali by striking blows on her body with an iron Kassi. Bansilal SHO therefore arrested she appellant und recovered an iron Kassi which was lying concealed in a Nala near the field of Kalu Solanki at the instance of the appellant and in pursuance of his information which he furnished to the SHO while under the Police custody, The SBO collected other necessary evidence in the case and eventually filed a charge sheet against Mithalal ailas Mava appellant under Section 302 IPC. in the court of Munsif and Judicial Magistrate Kushalgarh, who upon finding prima facie case exclusively triable by the court of Sessions committed the appellant for trial for the offence of murder to the court of Sessions Judge, Banswara. The learned Sessions Judge tried the appellant for the offence of murder, found him guilty thereof and convicted and sentenced him in the manner stated above. Aggrieved by his conviction and sentence the appellant has filed this appeal.;