BANSAL, J. - (1.) THIS appeal is directed against the judgment dated April 21, 1995 passed by the learned Additional Sessions Judge, Sikar whereby the appellant-Nisar has been convicted for offence u/sec. 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 1,000/-, in default of payment of fine to further undergo one year rigorous imprisonment. He has also been convicted for offence under Sec. 324 IPC and sentenced to undergo imprisonment for two years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo six months rigorous imprisonment. Both the sentences were ordered to run concurrently.
(2.) THE brief facts of the prosecution case are that on receiving telephonic message on the interviewing night of September 18/19, 1994, PW-14 Samudra Singh, SHO, P. S. , Fatehpur reached at the house of the appellant situated in Ward No. 28, Fatehpur and recorded the statement of Ms. Jannat (PW-1) D/o Babu Khan S/o the appellant- Nisar Khan wherein she stated that at 7:00 p. m. , she alongwith other members of his father's family had gone to the house of her maternal Uncle Hazi Mohd. Ishaq for taking meals. THEy had come back at about 9. 00 p. m. THEreafter, they had watched T. V. serial. It was also alleged by Ms. Jannat in her statement that her grandfather- Nisar, who had been residing in a seperate room of the same house, used to harrass her mother. He had a evil-eye on her mother and wanted that his son's family should not reside in the house. Ms. Jannat further stated that just before the incident, her father was sitting on a cot (Charpai) in the courtyard and her mother was sitting on the floor of the courtyard. Her grandfather Nisar asked them as to why they were making noise and told them to go to sleep. Her father replied that they were going to sleep. THEreafter, her grandfather Nisar came out of his room having a "chhuri" and inflicted injuries on the person of her father. Her father fell down. Her mother made hue and cry and attempted to run away but she fell down. THEreafter, the appellant caused injuries with the "chhuri" on the person of her mother also. It was further stated by Ms. Jannat that when she tried to rescue her mother, the appellant inflicted injuries on her palm and abdomen and threatened her not to narrate the incident to anybody, otherwise she would also be killed. A little later, the appellant went out of the house after having put up a latch on the door of the house. THEreafter, she went to the roof of the house and made hue and cry, whereupon some neighbours came and opened the door of the house. It was further stated by her that she called her maternal Uncle through her younger brother Mubarak. Her maternal Uncle informed the Police on telephone about the incident. Her mother-Jeboon and father-Babu Khan died instantaneously. It was also stated that Arjun & Constable- Ali were amongst the persons, who had come at her house. The SHO Samudra Singh (PW-14) sent the statement (Parcha Bayan) Ex. P1 of Ms. Jannat to Police Station, Fatehpur for further action. On the basis of statement (Ex. P1), the Incharge, P. S. , Fatehpur registered a case under Section 302, 323 & 342 IPC at 11:15 a. m. on September 19, 1994 and investigation commenced. Formal First Information Report is Ex. P. 4. In the course of investigation, PW-14 Samudra Singh, SHO, prepared the Inquest Report Ex. P2 & Ex. P3 of the dead body of Babu Khan & Jeboon respectively. Site Plan (Ex. P10) was also prepared. The Investigating Officer seized and sealed blood found on the place of occurrence vide Ex. P11 & Ex. P13, blood smeared piece of stone tile and blood smeared soil vide Ex. P. 14. Photographs of the place of occurrence and dead body was taken. Autopsy on the dead body of both the deceased was conducted by PW-9 Dr. Yuddhveer Singh Mahla, Medical Officer Incharge, Government Dhanuka Hospital, Fatehpur and post-mortem reports Ex. P6 and Ex. P7 were prepared. Ms. Jannat was also medically examined by PW-9 Dr. Mahla and the injury report Ex. P5 was prepared. Statements of witnesses were recorded under Section 161 Cr. P. C. The appellant was arrested on September 23, 1994 at Railway Station, Durgapura, Jaipur. On his information given in police custody and at his instance "chhuri" and blood stained `lungi' were recovered by the Investigating Officer from a field situated near Railway Track. Recovery Memo Ex. P17 and the map of the field were prepared by the I. O. Both `chhuri' & `lungi' were sealed. Clothes of both the deceased (Baboo Khan & Jeboon) were also seized and sealed vide Ex. P15 & Ex. P16. On completion of investigation, a chargesheet was laid against the appellant in the Court of the learned Additional Chief Judicial Magistrate, Fatehpur Shekhawati, who committed the case to the Court of learned Sessions Judge, Sikar. In due course, the case came up for trial before the learned Additional Sessions Judge, Sikar. Charges u/secs. 302 & 324 were framed by the trial Court. The appellant denied the charges and claimed to be tried. The prosecution examined as many as 14 witnesses in support of its case. In the statement recorded under Section 313 Cr. P. C. , the appellant claimed innocence and stated that on receiving the information of murder of his son and daughter-in-law, he had returned from Bombay and was arrested by the Police at Railway Station, Jaipur. He was not present at the time of the incident. No witness was produced by the appellant in his defence. The learned trial Judge, after hearing the final submissions of both the parties, convicted and sentenced the appellant as indicated here-in-above.
(3.) WE have heard the learned Amicus Curiae and the learned Public Prosecutor. Material on record has been scanned and scrutinized. There is no dispute that both the deceased met with homicidal death and this fact is established by the medical evidence on record. PW-9 Dr. Mahla stated that on September 19, 1994, he was posted as Medical Officer, Government Hospital, Fatehpur and on police request, he conducted the post-mortem examination of the deceased Jeboo W/o Baboo Khan, aged 30 years, R/o Fatehpur at 8:30 a. m. and found the following injuries:- External Injuries (1) Incised wound 4/1/2/"x 2"x6" at upper part of chest anteriorly obliquely downward & medially underlying ribs 2, 3 Cut pleurae cut in the same direction, upper lobe of right lung with right bronchus & pulmonary vessel. (2) Incised wound 2" x 1" x 4" at 1" above right nipple with cut middle lobe directing posteriors. (3) Incised wound 2" x 3/4" x 1" at right nipple. Internal Injuries (1) Right 2nd, 3rd ribs cut as mentioned above. Upper part of right side of pleurae was cut. (2) Upper lobe of right lung with right bronchus and pulmonary vessel were cut near root of the lung. Dr. Mahla further stated that membranes were congested. All the three external injuries were ante-mortem in nature and caused by a sharp weapon. He also stated that the cause of death was haemorrhagic shock because of injury to lung and pulmonary blood vessels. He prepared the post-mortem report Ex. P6. These injuries were sufficient in the ordinary course of nature to cause death. He prepared the post-mortem Ex. P6. ;