S.K.MAL LODHA, J. - (1.) BY his judgment dated April 16, 1980, the learned Additional Sessions Judge (2), Hanumangarh convicted the accused Mahendra Singh under Sections 302 and 450, IPC and sentenced him to imprisonment for life with a fine of Rs. 500/ - on the first count and five years rigorous imprisonment with a fine of Rs. 500/ - on the second Count. Sentences were directed to run concurrently. The accused has come -up in appeal to challenge his conviction.
(2.) BRIEFLY stated, the prosecution case, which in short and simple, is as follows: Aduram Kumbhkar aged about 40 years the deceased -victim in the case was living with his wife Mst. Parmeshwari(PWl) in the Dhani he had raised in the field situate in Mauja Surewala P.S. Tibi district Ganganagar. The accused is also a resident of the same village. In the forenoon of Oct. 20, 1974, Aduram went with Jaggasingh (PW 7) to village Surewala in order to get his motor -bearing repaired. Accused Mahendra Singh met them in the village. He asked Aduram to provide wine to him. Aduram refused to do so saying that he neither takes the drinks nor offers to anybody. This annoyed the accused. There was an exchange of hot words and altercation between the two. Jaggasingh (PW7) intervened and separated them. The accused threatened to settle the accounts in future. Aduram returned to his house, took his meals and retired in the Bethak to have a nap. His wife Mst. Parmeshwari (PW 1) went to provide fodder to the cattle standing under a Pipal tree situate nearby in the Dhani. While she was working there, the accused came with a Kassi in his hand and straight -away went in the Bethak where Aduram was sleeping. The accused started striking blows to Aduram with his Kassi Aduram raised cries. Mst. Parmeshwari (PW 1) went running to the Behak The accused still then continued to inflict blows. Thereafter he ran away towards the canal taking the Kassi with him. Mst. Parmeshwari (PW 1) also raised cries and a number of persons, viz., Laxman Butaram Darbarasingh and others came there. Some of them had seen the accused running away. Aduram, due to the infliction of injuries, became unconscious There was profuse bleeding from his wounds and the clothes he was wearing got drenched with it. Some persons went to the police out -post brought Police Constable Kashiram (PW 14) and the local Vaidhya Dharampal (PW 6) to the place of occurrence. Dharampal (PW 6) provided the First Aid to Aduram and pricked an injection to him. He advised Mst. Parmeshwari and others to take Aduram for treatment to Sangariya Hospital Mst. Parmeshwari and others took Aduram in a jeep to Sangariya. Ramjilal (PW 2) went to Police Station, Tibi and verbally lodged report Ex.P 1 of the occurrence at about 8.15 P.M. on the same day. The police registered a case under Section 307 and 452, IPC. The usual investigation ensued. When Aduram was taken to Sangariya Hospital, his injuries were examined by PW12 Dr. S.M. Sahi at about 5.00 P.M. He noticed the following injuries on his person: (1) Incised wound 55' x 1 -1/4' by bone deep starting from left side of face extending upto middle of occipital region cutting post lobule of left ear, face seems to have been pulled to right side (2) Incised wound 3.3' x 0.2' x muscle deep on left maxillary region (3) Incised wound 0.6' x 0.15' x muscle deep on left mandible region (4) Three parallel incised wounds one below the other uppermost wound was 1 2' x 0.1' x skin deep; middle one 1' x 0.1' x skin deep, lowest one 1 2' x 0.1' x skin deep on left side of neck and shoulder region superiorly (5) Incised wound 2.3' x 0.2' x Skin deep on right forearm anteriorly lower third (6) Incised wound 1.6' x 0.2' x bone deep on right ring finger posterio medially (7) Incised wound 0.4' x 0.1' x skin deep or right middle finger posteriorly on trunucle. The doctor was of the opinion that all the injuries were caused by some sharp weapon. X -ray examination was advised for injuries No. 1,2 and 6 to ascertain their nature. The injury report issued by him is Ex. P 8. At Sangariya, the condition of Aduram did not improve and it was advised to take him for treatment of Ganganagar. He was consequently taken to Ganganagar and was admitted in the General Hospital for treatment. Despite medical treatment, Aduram did not survive and passed away at about 8.50 A.M. on October 24, 1974. Due to his death, the police added Section 302, IPC during investigation PW 11 Nisar Ahmed, Sub -Inspector Police, P.S. Kotwali Ganganagar went to the hospital, and prepared the inquest report of the dead body of Aduram The autopsy of his dead body was conducted by Medical Jurist Dr. M.D. Agrawal (PW 10). He noticed the following ante -morteai injuries on the victim's dead body: External (1) Stitched wound (transverse) 5' x stitched on the left side of neck extending from left occipital region to over left angle of mandible passing just below the left ear lobule (2) Stitched wound (oblique) 3' x stitched on left side of face from left maxillary region to just below the left mandibular angle (3) Stitched wound (obliquely transverse) on the left side of neck just below the mandibullar angle 1/2' x stitched (4) Multiple abrasions on left side of neck on lateral dorsal aspect (5) Lacerated wound l -1/4' x skin deep (transverse) on the posterio -superior aspect of left shoulder (6) Stitched wound 2' x stitched (obliquely vertical) on the anterior aspect of the junction of middle and lower third of right fore -arm (7) Stitched wound (vertical) 1 -1/2' x stitched on the dorsal -medial aspect of distal and middle phallanges of right ring finger (8) Incised wound 2/3' x 1/8' x skin deep (transverse) on the dorsal aspect of proximal inter phallangeal joint of right middle finger (9) Laceration of lower lip 3/4' x 1/8' x 1/4' on the mucus surface with dark dried clotted blood on it. Internal: Cranium and spinal cord: - -Sub -calaneous soft tissue of scalp was congested all over brain and mencleanes were congested all over. There was intra careliral haemorrhage more so in the area of uncus Pleurae -there were bilateral adhesion, Heart was full on both sides. Small intestines were healthy and contained partially digested food material and gas. In the opinion of Dr. Agrawal, the cause of death of Aduram was head injury with intra cereberal haemorrahage and shock. He was also of the opinion that the internal injury alone was sufficient in the ordinary course of nature to causa death. The post -mortem examination report prepared by him is Ex. P6. The accused was arrested on October 26, 1974 and in consequence of the information furnished by him, the weapon of offence namely, Kassi was recovered. On the completion of investigation, the police submitted a challan against the accused in the Court of Munsif and Judicial Magistrate, Hamumangarh, who, in his turn, committed the case for trial to the court of Sessions. The learned Additional Sessions Judge framed charges under Sections 302 and 450, IPC against the accused. The accused pleaded not guilty and claimed the trial. Denouncing the whole prosecution, story as a false and fabricated piece of concoction, ha claimed absolute innocence. In his statement recorded under Section 313 Cr. PC he stated that he was casually visited with feats of insanity. Before proceeding with the trial, the accused was got medically examined. As per report Ex P 1 of Superintendent, Psychiatric Centre, Jaipur, he was found quite sane. The trial proceeded. In support of its case, the prosecution examined 15 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, both the charges were taken as duly proved against the accused. The accused was consequently convicted and sentenced, as mentioned at the very out -set. Aggrived against his conviction, the accused has taken this appeal.
(3.) WE have heard the learned Amicus Curiae and the learned Public Prosecutor. We have also gone through the case file carefully.;