SHARMA, J. - (1.) HANUMAN, Dev Lal, Raghuveer Mandawara and Shyam Sunder @ Shyam Sharma, the appellants herein, and one Ummed were put to trial in Sessions Case No. 71/2001 before the learned Additional Sessions Judge (Fast Track) No. 1 Bundi. Learned trial Judge vide judgment dated January 14, 2002 convicted the appellants for the offence under Section 302/34 I. P. C. and sentenced each of them to suffer imprisonment for life and fine Rs. 1,000, in default to further suffer one month rigorous imprisonment.
(2.) IT is the prosecution case that on October 1, 1999 at 11. 30 P. M. when Constable Hansraj of Police Station Talera went out of Police Station to drink water he saw a person drenched in the blood falling down near the water hut. On being enquired as to what had happened, the person informed that his name was Badri Lal and he resided in Kota. Raghuveer, Shyam, Deva and Hanuman Meena after picking up quarrel with him inflicted knife blows on his person. No sooner did Hansraj come into action and called Ram Karan ASI, the person succumbed to the injuries. A written report (Ex. P-3) was lodged by Hansraj on the basis of which case under Section 302/34 I. P. C. was registered and investigation commenced. Dead body was subjected to autopsy, statements of witnesses were recorded, necessary memos were drawn and the accused were arrested. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1, Bundi. Charge under Section 302 read with 149 I. P. C. was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 33 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence and three witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. We have heard learned counsel for the parties and with their assistance weighed the material on record. Death of Badri Lal was undeniably homicidal in nature. As per post mortem report (Ex. P-37) following antemortem injuries were found on the dead body: 1. Stab wound 2 cm x 0. 7 cm x deep? Clotted blood present on front of Rt. side of chest in IIIrd ICS (Inter costal space) in mid clavicular line margins of wound are clean cut regular and everted. 2. Stab wound 1 1/2 cm x 0. 5 cm x deep? On front of left side of chest in IIIrd inter costal space in the mid clavicular line. Margins of wound are regular. Clean cut, clotted blood present. 3. Stab wound 2 cm x 0. 7 cm x bone deep - on front of Rt. side of chest anteriorly just near to sternum in 5th inter costal space. Margins are regular clean cut everted. Clotted blood present. 4. Stab wound 2 cm x 1cm x deep? In the lower part of chest in 9th inter costal space in position axillary fold line on Rt. side margins are regular. Clean cut, everted. 5. Stab wound 2 cm x 1 cm x deep? Margins are everted, clean cut regular clotted blood present on the middle of left flank of abdomen. 6. Stab wound 2 cm x 0. 7 cm x deep? On Rt. 8th inter costal space posteriorly. Margins are regular clean cut regular clotted. 7. Stab wound 2 cm x 1 cm x deep? With clotted blood margins are regular clean cut, in middle of left side of chest in between anterior and posterior axillary line. 8. Incised wound 2 cm x 0. 5 cm x 0. 5 cm on left lateral lower 1/3 of thigh margins regular blood clot. 9.Incised wound 1. 5 cm x 1/2 cm x 1/2 cm on upper most part of Rt. leg just below the Rt. knee joint. In the opinion of Dr. G. C. Jain (Pw. 15), who conducted autopsy on the dead body, the cause of death was shock due to antemortem external and internal injuries to vital organs which were sufficient to cause death in ordinary course of nature. In the cross examination Dr. G. C. Jain deposed thus: *********** There is no eye-witness of the occurrence and the prosecution case is founded on the alleged dying declaration of the deceased. Informant Hansraj (Pw. 13) in his deposition stated that on October 1, 1999 he was on duty at Police Station Talera, around 11. 30 P. M. when he went out of police station to drink water at water hut, he was a person falling down near the water hut. He was Badri Lal of Kota and in the chowk of a School Hanuman, Deva, Raghuveer and Shyam inflicted knife blows on his person. As soon as Hansraj called Ramkaran ASI, the injured succumbed to his injuries. In his cross examination he however stated thus : Esa tc mlds ikl igqapk rc og /khjs /khjs cksy jgk Fkk vkokt detksj vk jgh Fkha ;g lgh gs fd Esa mldh vkokt lquus ds fy, fcydqy kqdk] blds ckn Esa mldh vkokt lqu ldka fxjrs imrs odr og dqn cksy jgk Fkka og uke Hkh gks ldrs Fks rfkk dqn vksj Hkh gks ldrk Fkka ysfdu og D;k cksy jgk Fkk Esa ugha dg ldrka**
(3.) SURAJ Mal (Pw. 10) however deposed that on October 1, 1999 he was posted as Constable at Police Station Talera on that day Ramkaran ASI was incharge of police station. Around 11 P. M. Hansraj rushed to the police station and shouted that one person was lying on the road side. SURAJ Mal and ASI Ramkaran then went out and found a person lying in a pool of blood. In the cross examination he however admitted that water pots were available at the police station. Naveen Kumar Photographer (Pw. 26) in his deposition stated that around 4 A. M. the police came to call him for photography of dead body lying in front of police station Talera. In his cross examination he however deposed as under: Fkkusnkj th us vksj galjkt iqfyl okys us esjs ls iwns Fkk fd bl ejus okys dks tkurs gks D;k rks Eksaus dgk Fkk fd bldks ugha tkurk gwaa Fkkusnkj th vksj galjkt ogka dg jgs Fks fd ejus okys dk dksbz dry dj x;k gs ysfdu dksu dj x;k bldk irk ugha py jgk gsa esaus Qksvks [khpsa ml le; rd ejus okys dk uke ekywe ugha pyk Fkka** ;