BALI, J. - (1.) SHIVRAJ and Devendra in a trial conducted against them for intentionally causing death of Tejprakash have since been held guilty under Section 302 IPC and sentenced to undergo R. I. for life and a fine of Rs. 1000/-, in default of payment of fine to further undergo one month's R. I. , vide order of conviction and sentence recorded on 28. 6. 2001. Whereas challenging the said order, Devendra @ Sonu has filed Appeal No. 418/2001, SHIVRAJ has filed Appeal No. 419/2001.
(2.) OCCURRENCE leading to the death of Tejprakash, as per prosecution version, had taken place on 29. 2. 2000 at 8. 10 p. m. FIR with regard to the incident was lodged on the same very day at 10. 45 p. m. The first information was lodged by Ramesh (PW-4), brother of the deceased, who got recorded therein that on the eventful day at about 8 p. m. his younger brother had gone outside to take medicine from the doctor. Ten minutes thereafter, 10-12 persons of their colony came to them and Jhabar Choudhary of STD PCO told him that three boys after assaulting his brother Tejprakash by knives in Shriram Nagar had run away. He reached at the place of incident where his brother was lying drenched in blood. Residents of the colony were also, there. Somebody had already informed the police. The police reached there and while on the way to hospital, when he and police inspector asked his brother as to who assaulted him, then his brother revealed name of one boy i. e. Girraj amongst others and after that, he did not state anything further. This incident had been seen by some children residing in the neighbourhood. There were knife injuries on the buttock of his brother and large quantity of blood was oozing out. While on the way to hospital, near Collectorate, his brother became unconscious. Doctors in the hospital declared him dead when he was admitted in the emergency of SMS Hospital. The complainant went back home after placing the corpus in the mortuary. His brother had been murdered due to animosity. During the course of trial, prosecution examined Dr. B. R. Bairwa as PW-16 who stated that on 1. 3. 2000 at 11. 05 a. m. he had conducted post mortem on the dad body of Tejprakash and found following injuries on his dead body:- 1. Swelling 4 x 3 cm (Lt.) front to temporal region of scalp lower and lowerly. 2. Swelling 4 x cm back of occipital region of scalp. 3. Abrasion 1 x 1/4 cm lateral on (Lt.) eye. 4. Bruise 4 x 3 cm below left eye over cheek with swelling bluish reddish in colour. 5. Abrasion 1/2 x 1/4 cm below (Lt.) nipple on front of chest. 6. Abrasion 1 x 1/4 cm (Rt.) coastal margin near and epigestrim. 7. Abrasion 1/2 x 1/2 cm lateral of (Lt.) elbow joint. 8. Abrasion 1 x 1/2 cm Dorsum of Lt. Hand. 9. Abrasion 1/2 x 1/2 cm lateral of (Lt.) buttock upper part. 10. Abrasion 1/4 x 1/4 cm Lt. Forearm laterally middle 1/3. 11. Abrasion 1/4 x 1/4 cm dorsum of Rt. Hand. 12. Abrasion 1/2 x 1/4 cm over tip of nose. 13. Incised wound 2 x 1/2 cm x muscle deep oblique anterior of lowerly Lt. Forearm. 14. Incised wound 3 x 1 cm x muscle deep Lt. Forearm lowerly dorsum laterally. 15. Incised wound 1/2 x 1/4 cm x skin deep (Rt.) coastal margin on the epigestrium. 16. Two incised wounds of size 4 x 2 cm and 2 x 1 cm with gap of 2-1/2 cm lateral of Lt. Elbow both are muscle deep. 17. Incised wound 2-1/2 x 1 cm x muscle deep oblique over Lt. Forearm upperly Dorsal laterally. 18. Incised wound of size 2-1/2 x 1-1/2 cm x muscle deep oblique over back of buttock upper part. 19. Incised wound 2 x 1 cm x muscle deep oblique over Ltd. Buttock lower part posteriorly with reddish clotted blood present. 20. Incised stab wound of size 3-1/2 x 2 cm x abdomen and chest cavity deep obliquely placed over Lt. Side back of chest lower part over 13 cm level Lt. Side from mid line over 8th to 9th inter coastal space with fresh clotted reddish blood. 21. Incised stab wound of size 3-1/2 x 2 cm x abdominal cavity deep oblique size (3-1/2 x 2 cm) reddish clotted blood placed over back of chest (Rt. Side lower part over mid line and 2-1/2 cm from mid line Rt. Side over 11th and 12th Inter coastal space. " In the opinion of doctor, the cause of death was shock and hemorrhage which was caused on account of injuries sustained by him on vital parts of the body. The same were sufficient in the ordinary course of nature to cause death. Doctor proved post mortem report Ex. P/26. Rajasthan Sharma (PW-15) Investigation Officer of the case proved complaint under Section 107/151, Cr. P. C. (Ex. P/25) which proves that the appellant Devendra and family members of the deceased were proceeded in cross security proceedings. Prosecution also relied upon statements made by PW-3 Bunty @ Ajay, a friend of appellant Devendra, Ramesh Chand Kumawat (PW- 4), Maliram (PW-5), Suresh Kumar (PW-9) and Jhabar Mal (PW-10 ). Bunty @ Ajay (PW-3) proved Ex. P/3 recovery memo of shirt belonging to him (Bunty) which Devendra @ Sonu was wearing when he had gone. he further stated that the shirt which was recovered vide Ex. P/4 from the cooler in the house perhaps belonged to Shivraj. In his cross-examination, he stated that the police had taken him at the police station on first of the month. He again stated that the policy had actually taken him to the police station on 29th of the month. He was detained at the police station for a day but he was released by the police on 2nd of the month. Police personnel had told him that they would come to his house. However, they did not tell as to why they would come to his house. Police and Devendra @ Sonu had come to his house in the morning at 5. It was on that day that the police had taken him and the shirt. They had taken only one shirt. The shirt that was taken by the police was kept by it. He had given the shirt to the police. It was of pink colour and had small flowers embossed on it. The shirt was lying with him in many-folds shape (Gud Mud ). He had given the shirt to the police in the same condition.
(3.) RAMESH (PW-4) stated that on 29. 2. 2000 at 6. 30 in the evening, he had come to his house from the shop. His younger brothers Tej Prakash and Suresh were in the take medicine. Fifteen-twenty minutes thereafter, Jhabar Mal Choudhary and 3-4 other persons came to their house and told them that three persons had given knife blows to Tej Prakash. Jhabar Mal Choudhary had first disclosed injuries sustained by Tej Prakash, to Suresh (elder brother of witness RAMESH ). It was thereafter that Jhabar Mal had come to give information to him. His brother Suresh had gone to Tejprakash prior in point of time and when he received information, he also sent at the spot where police had already arrived. Tejprakash was put in a Jeep by the police and they all boarded the Jeep. When Tej Prakash was being taken to hospital, he enquired as to who had beaten him, upon which he (Tej Prakash) could only speak `shivraj'. His brother had disclosed name of only Shivraj to him and then became unconscious. Tejprakash had disclosed name of his three assailants to his brother Suresh also who in turn told it to him when he had gone to his house after taking his injured brother to hospital. The names disclosed were Shivraj Meena, Raju Meena and Sonu Nai. In the cross-examination,he stated that his house was at a distance of 3-4 kms. from the place of occurrence. When he reached at the spot, his brother Suresh had already come back to the house and, therefore, he did not meet him at the spot. When the enquired from Tejprakash as to who were his assailants, he was conscious. He also stated that his statement was recorded by the police at about 12. 30 at night. Maliram (PW-5) stated that on 29. 2. 2000 he was working on the post of A. S. I. and on that day, at about 8 p. m. he was present in the police station. He got a telephonic call from Jhabar Mal that in Shriram Nagar, one person had been stabbed by three persons and those three persons had run away. He along with Rajendra Sharma Incharge, Narendra Sharma, Sub-Inspector, Bhanwar Singh, Driver and 4-5 Constables reached at the spot. They found one person lying in a pool of blood. He was semi-conscious and was lying on the side of the road. A lot of blood had collected there. They immediately put him in the jeep and brought him to the hospital. People who had collected there told them that the injured person was Tejprakash. Ramesh, brother of the injured was also in the jeep with them. In the running jeep, they asked the injured and after sufficient shaking him, he stated that `shivraj' had done it. The injured could state only this much and thereafter, stopped speaking. In Emergency Ward, doctors in the SMS Hospital declared him dead. In the cross- examination, the witness stated that SMS Hospital was about 12-13 kms. from the spot. He had made enquiries from the injured 4-5 times as to who had stabbed him. the moment, they reached Collectorate circle the injured stopped speaking. Before reaching Collectorate Circle, however, the injured had told them only once the name of `shivraj'. Brother of injured Ramesh had also enquired from him as to who had given the injuries. They had reached Emergency Ward at about 9 p. m. Suresh Kumar (PW-9) stated that Tej Prakash was his younger brother. On 29. 2. 2000 he died. He was stabbed by three persons. On that day, at about 7. 45 p. m. he was standing outside his house. Tejprakash told him that he was not well and, therefore, he was going to fetch medicine. Fifteen-twenty minutes thereafter, Jhabar Mal came there with 3-4 persons and told him that three boys had stabbed his brother in Shriram Nagar and then ran away. He ran towards the place of occurrence and found that Tejprakash was lying on the ground and was crying. Blood was oozing from his body. Under a low voice he told him that Sonu Nai @ Devendra and Shivraj Meena had given him blows with knife whereas Raj Meena had caught hold of him. He (the witness) told people of the colony to take his brother to hospital but nobody acceded to his request. He ran towards his house from the back side where his father met him, to whom he told that Tejprakash had been injured. He again reached the place of occurrence on scooter but found that Tejprakash was not there. Police people were standing there who told him that his brother Ramesh had taken Tejprakash to hospital. The witness further stated that telephone wires in front of the house of Devendra @ Sonu had broken. Tejprakash had gone to repair the same. Father of Devendra @ Sonu was drunk. They took Jaiprakash in their house and gave him beatings. In this fight, mother of Devendra received small injury from Tejprakash for which she remained admitted in the hospital. The family members of Devendra got a report lodged against Tejprakash. There was enmity because of this reason. Sonu had threatened Tejprakash on number of occasions. In the cross- examination, he stated that he would not know if there was any enmity between them, Shivraj and Raju Meena. He admitted that when he made statement he was being prosecuted for offence under Section 376 IPC. He stated that he had told the police that whereas two persons had knived his brother Tejprakash, third one had caught hold of him. He would not know as to how police did not record the same. He would also not remember persons to whom he had requested to take his brother Tejprakash to hospital. He did not disclose names of the assailments to his father but he did so at 12 at night when his brother had come at house. He admitted that he had not got recorded to the police the incident pertaining to fight where mother of Devendra was hit by Tejprakash. He also stated that names of the accused disclosed by Tejprakash were heard by him with ease. ;