MATHUR, J. - (1.) BEING aggrieved by the conviction recorded for the offences punishable under Section 302 and 201 IPC and the sentence awarded under the judgment dated 13.10.2004 by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur, this appeal is preferred.
(2.) THE facts relevant for adjudication of this appeal are that on 14.05.2003, a written report (Ex.P/1) was submitted by Mr. Ganesh Lal (P.W.1) at police station, Basni, Jodhpur with assertion that his younger brother Murlidhar was running a Pan shop, wherefrom he came to home at 09.00 p.m. on 13.05.2003. He then proceeded to attend a marriage, but did not return to home in night. In morning at about 07.00 a.m., some of the residents of Madhuban Colony informed that a dead body wrapped in a sack was lying behind U.I.T. shops. The dead body on being unwrapped by the police was found to be of Murlidhar. On basis of the written report aforesaid, a case was registered and investigation commenced. During the course of investigation, autopsy was conducted on the corpse of deceased Murlidhar and as per its report (Ex.P/23), the cause of death was strangulation associated with other injuries. The medical board that conducted autopsy also observed that no opinion could have been given regarding recent sexual intercourse, but urinal swab and semen were preserved for examination. As per the postmortem report, the body was having 34 injuries, which are as follows : - (1) Lacerated wound 3 cm x 1/2 cm scalp deep on left parietal region in middle antero -posteriorly. (2) Lacerated wound 4 cm x 1/2 cm x scalp deep on parietal region in middle slightly on left side oblique. (3) Abrasion 2 cm x 1 cm on right side of forehead. (4) Abrasion 2 cm x 2 cm on left side of forehead. (5) Bruise 4 cm x 2 cm on nose with clotted blood in it. (6) Abrasion 1 cm x 1 cm on right cheek bone. (7) Abrasion 1/2 cm x 1/2 cm on right angle of mandible. (8) Abrasion 1 1/2 cm x 1 cm on left cheek bone. (9) Abrasion 1 cm x 1 cm on left pinna. (10) Abrasion 6 cm x 2 cm on chin interiorly. (11) Abraded bruise 3 cm x 1/2 cm around neck upper half. (12) Abraded bruise 15 cm x 1/2 cm on right side of neck. (13) Bruise 10 cm x 4 cm on right side of neck lower part. (14) Bruise 10 cm x 6 cm on left side of neck. (15) Five abrasions varying in size from 1/2 cm x 1/2 cm to 1 1/2 cm x 1/2 cm on right elbow part. (16) Abraded bruise 4 cm x 2 cm on right forearm dorsally. (17) Bruise 9 cm x 3 cm on left forearm dorsally middle half. (18) Bruise 4 cm x 3 cm on right epigastric region. (19) Bruise 12 cm x 6 cm on left side chest anteriorly. (20) Bruise 11 cm x 2 cm on right side of abdomen anteriorly. (21) Bruise 10 cm x 3 cm on abdomen below umbilicus anteriorly. (22) Multiple bruises all over the back of chest and abdomen varying in size from 6 cm x 4 cm to 18 cm x 2 cm. (23) Bruise 4 cm x 3 cm on right buttock. (24) Bruise 16 cm x 5 cm on right thigh posteriorly. (25) Bruise 22 cm x 6 cm on right left antero -laterally with two abrasions 2 cm x 1 cm below knee and 3 cm x 1/2 cm on upper half of leg. (26) Two abrasions 2 cm x 2 cm and 3 cm x 2 cm on left leg upper 2/3 portion anteriorly. (27) Abraded bruise 1 cm x 1 cm on right leg upper 1/3 anteriorly. (28) Bruise 16 cm x 8 cm on left leg laterally lower 1/3. (29) Multiple bruises in area of 34 cm x 9 cm on left arm dorso -laterally. (30) Abraded bruise 12 cm x 8 cm on right forearm upper 1/3 dorsally. (31) Abrasion 2 cm x 1cm on left shoulder. (32) Abrasion 3 cm x 1 cm on left scapula. (33) Five abrasions each 1/2 cm x 1/2 cm on left side of neck posteriorly. (34) Two abraded bruises 1/2 cm x 1/2 cm each on left pinna posteriorly.
(3.) FROM the place where the dead body was found, the investigating agency recovered several articles and those were seized. The details of the articles recovered and seized are as follows : - (1) A shirt worn by deceased, a sando Baniyan and an underwear of deceased were recovered and were kept in a white coloured cloth bag. The bag after its sealing was marked as "A -4". The memo relating to the recovery aforesaid is Ex.P/4. (2) As per Ex.P/7, a white coloured blood -stained sack was recovered, in which the dead body was wrapped. A pant having blood -stains was also recovered and these two articles were kept in a white bag, that was marked as "A -0" after sealing. (3) In between the legs of the dead body, a used saree, blouse and petticoat were found. These articles on their recovery were seized and kept in a white cloth bag, which was marked as "A -1". The memo of recovery of these articles is available on record as Ex.P/8. (4) As per Ex.P/10, a copper wire measuring about 4 -5 meters having yellow cover was found close to the dead body, thus, that was seized. An another piece of copper wire measuring 2 -3 meters was also recovered. These two pieces of wire were kept in a bag marked as "A -5". The memo pertaining to recovery of these two wire pieces is available on record as Ex.P/10. (5) As per Ex.P/11, a piece of wood having sharp pointed ends with blood stains was found below the head of dead body. The same was also seized after its recovery and was kept in a bag, which was marked as "A -5". (6) The investigating agency on 15.05.2003 searched the house of the accused persons and recovered certain incriminating evidence. The recoveries of few articles was also made from the house. Suffice to mention that the house of the accused was searched as younger brother of the deceased noticed that the accused was not present in cremation of the deceased, despite having intimate relations. The investigating agency on 15.05.2003, as per Ex.P/16 recovered a pair of Chappals, an identity card relating to membership of shiv Sena, issued by its State office above Beniwal Travels, Station Road, Jaipur. These articles were kept in a white cloth bag, which was marked as "Q". The recovery memo of these articles is available on record as Ex.P/16. (7) As per document Ex.P/17, a blood stains were found at several places in the house of the accused, therefore, Farsh was broken from several places and was seized being containing blood stains. The broken pieces of Farsh having blood stains were kept in different envelops marked as "A - 6, B, C, D, E and F". A piece of wood having blood stains was also recovered and was kept in a bag marked as "G -8". Certain other articles including hair, condoms, cloths were also recovered and were kept in different envelops. The lock which was broken while entering into the house was also recovered, seized and kept in an envelop marked as "P". A piece of wire was also recovered from the house and that was kept in a white cloth bag marked as "R". ;