KANTA BHATNAGAR, J. - (1.) THIS appeal is directed against the judgment dated 25 -9 -1985 passed by the learned Sessions Judge, Nonar, by which appellant Indra Cband was convicted Under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 500/ -, in default of pay -meat to rigorous imprisonment of six months.
(2.) BRIEFLY stated, the prosecution case is that on 11 -9 -1982 at 12.30 a.m. appellant Indra Cband made a report at Police Station, Rawatsar to the effect that his father Phoosa Ram has one brother Bansbidhar who had two sons viz Ratan aged 22 years and Jagdish aged 18 years. The houses, agricultural land and shop of Phoosaram and Banshidhar were joint. Bansbidhar mostly remained ill and his wife was blind. Jagdish and Ratan were for the last few months insisting upon partition and as such it occurred to him (the appellant) that if Jagdish and Ratan were done away with, the whole property would remain with his family. That, in the main market of Rawatsar, there was a hotel run by these persons. Ratan and Jagdish used to sleep some times at their house and some times at the hotel. In that night both of then, Jagdish and Ratan had slept on the root of the hotel. About quarter to 12 in. the night, the appellant caused the murder of Jagdish and Ratan with axe and then came down and confessed the guilt to Ramesh Photographer where Madan Hotelwala was also present and then went to lodge the report to the Police Station. Bhagwandas P.W. 25, SHO, Police Station, Notiar, reduced the information into writing which is ExP/42. Appellant was arrested vide Memo Ex.P/43. His blood soaked shirt, trousers and watch were taken into possession. In pursuance of the information of the appellant, the SHO recovered the dead bodies from the roof of the hotel situate in the main market of Rawatsar. The injured Ratan and Jagdish were brought down and were taken to hospital for medical aid but the succumbed to the injuries sustained by them. The inquest memos of the deed bodies were prepared by SHO, Bhagwandas. Dr. Bhim Singh conducted the post -mortem examination of the dead bodies and notel following ihjuries on the dead body of jagdish. (1) Incised wound 2 -1/2' x 1/2' x 1/4' on the right side of face in front of fight ear; (2) Incised wound 2 -1/2' x 1/2' x bone deep right side of occipital bony area and brain material is coming out from the wound; (3) Incised wound 1' x 1/4' x 14' dorsal aspect of left hand. The post mortem examination report is Ex.P/23. The cause of death according to the doctor was heamorrage and shock due to injury to brain, face and band caused by sharp edged weapon.
(3.) THE doctor noted following injuries on the dead body of Ratan: (1) Incised wound 6' x 1/2' x brain deep on the left frontal parietal bony area. The cause of death according to the doctor was haemorrabage and shock due to injury to brain caused by sharp weapon The blood soaked clothes of the deceased were taken in possession by the SHO. the SHO proceeded with the investigation at the site and prepared site plan Ex.P 5 and site inspection Memo Ex.P/5 -A. He also recovered the bushirt (Ex. 16) had trousers (Ex. 17) which Indra Chand was wearing. On 18 -9 -1982, investigation was entrusted to ASI, Nabar Singh of Police Line, Sri Oanganagar On 19 -9 -1982, Indra Chand furnished'information Ex.P 25 for getting recovered one axe from the heap of bricks behind the Nohar at Rawatsar. In pursuance of that information he got recovered axe Ex. 15 which was taken in possession vide Memo Ex. 20. The clothes of the deceased, the bedding on which the injured were lying on the roof and the trousers and bushirt of appellant Indra Chand and the axe (Ex 15) were sent for chemical examination. The blood stained cutting/samples from these Articles with their respective controls wherever available were fowarded to the Strategist for serological examination. The report of the Serologistis ExP 35. Except the blood stains on a Kachha, the blood on all the articles was human blood. ;