S.N. Modi, J. - (1.) JAGGI alias Jagdish, Kishanlal, Harbans and Niranjan were charged and tried by the Sessions Judge, Alwar for various offences Jaggi was convicted under Section 302, Indian Penal Code for the murder of Parma and under Section 324, Indian Penal Code for voluntarily causing hurt with a knife to Mst. Simbo The learned Sessions Judge sentenced Jaggi to imprisonment for life on the first count, and rigorous imprisonment for one year on the second count Both the sentences were ordered to run concurrently He, however, acquitted the other accused namely Kishanlal, Harbans and Niranjan for the offences under Sections 147, 302/149 and 307/149, Indian Penal Code. D.B. Criminal Appeal No. 595/1970 has been preferred by Jaggi alias Jagdish against his conviction and sentence under Sections 302 and 324, IPC Similarly, D.B. Criminal Appeal No. 714/1970 has been preferred on behalf of the State aoainst the order acquitting Kishan Lal, Harbans and Niranjan for the offences under Sections 147. 302/149 and 307/149, IPC. As both these appeals arise out of the same case, they are being disposed of together.
(2.) THE prosecution case briefly stated is like this : On 21 -9 -1969; five persons namely. Jaggi, Kishanlal, Harbans, Niranjan and Subhas proceeded from Alwar in the tonga of Amar Singh, and reached Mst. Simbo's house situated in village Gajuki, six miles away from Alwar. Mst. Simbo is a prostitute. Jaggi and his companions went to her house in order to pass the night in her company. It is alleged that Mst. Simbo demanded her previous dues amounting to Rs. 60/ - from Jaggi and his companions. The latter insisted to stay with her without making payment of the previous dues. When this talk was going on, Jaggi and his companions along with Mst, Simbo came out of the house to settle the matter. The prosecution case goes on that Mst. Simbo did not agree to allow Jaggi and his companion to stay with her during the night. Subhas then exhorted his companions to beat her as she was a 'badmah' lady. Kishanalal, and Harbons whereupon caught hold of Mst. Simbo and jaggi stabbed her with a Knife. Simbo raised cries and fell down on the ground. Seeing this, Jaagi and his companions le away from the place of incident. The cries of Mst. Simbo attracted P.W. 1 Mithu. Parma and P.W. 1 Nooruddin, who chased Jaggi and his companions, Parma overtook Jaggi and caught him in his arms and grappled with him During the course of grappling Jaggi stabble Parmna in the abdomen with the knife Article 1 and fled away. Mithu P.W. 1 and Nooruddin P.W. 4, who were following Parma, and and who were armed with lathis continued running after Jaggi and his companions, and succeeded in apprehending Jaggi and Harbans after dealing blows with lathis to them. Both Jaggi and Harbans, were then tied to a tree. PW 1 Mithu and PW. 2 Simbo then went to the Police Station Sadar Alwar, and lodged the First Information Report at 10:45 P.M. Investigation started and Jaggi and Harbans were handed over to the police Kishanial and Niranjan were also arrested, but Subhash absconded. He was therefore, not tried by the learned Sessions Judge. The victims, namely, Parma and Mst. Simbo were taken to the General Hospital, Alwar. Parma succambed to the injuries at the General Hospital, Alwar. Post -mortem examination on his Corpus was per formed by Dr. Bhargava, who found the following external injury: Wedge shape punctured wound 3 c.m. x 1 c.m. x abdomen deep (10 cm) on the left side of the abdomen 8 cm. below and lateral (left) to the umbilicus, momentum was coming out. On opening the abdomen, the Doctor found that the peritoneum was torn at the site of the wound, and petitioner cavity contained blood clots on the left side and lower abdomen. It was also noticed that small intestines were punctured 1 c.m. long at two places at a distance of 6 cm through and through. Faecal matter was coming out. There were cuts at three or four places in the mesenteric vessels with presence of blood clots. According to the Doctor the death of Parma occurred due to haemorrhage and shock as a result of stab wound and injury to the intestines. Dr. Bhagava also examined Mst. Simbo, and found the following injury on her person. Incised wound wedge shape 3 cm x 1 cm x skin deep (1 cm) on the right inguinal area obliquely. The injury was simple and was caused by sharp -edged weapon.
(3.) AT the trial, Jaggi, Harbans and Niranjan admitted having gone to village Gajuki on 21 -9 -1969 but denied having visited the house of Mst. Simbo. Kishanial pleaded alibi The accused also put forward a story which was disbelieved by the learned Sessions Judge. The learned Counsel for the accused has not challenged the correctness of that finding.;