SHARMA, J. - (1.) AN innocent agriculturist Kishan Singh was shot dead while he was ploughing the field. Mijjo Babu @ Brij Mohan, the appellant herein, was put to trial for having committed murder of Kishan Singh. Learned Special Judge SC/st (Prevention of Atrocities Cases) and Sessions Judge Dholpur, found the appellant guilty and convicted and sentenced him vide judgment dated September 18, 2004 as under:- u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 20000/- in default to further suffer imprisonment for one year. u/s. 3/27 Arms Act: To suffer rigorous imprisonment for three years and fine of Rs. 5000/-, in default to further suffer imprisonment for three months. The substantive sentences were ordered to run concurrently.
(2.) IT is the prosecution case that informant Kalicharan (PW. 2) on October 13, 1998 submitted a written report at Police Station Nihalganj Dholpur stating therein that on the said day around 2 PM he and his brother Kanhaiya had gone to meet his father Kishan Singh to village Pachgaon. He found his father ploughing in the field of Mehar Singh with tractor. Suddenly Brij Mohan @ Mijjo Babu opened fire at Kishan Singh from the boundary wall of the field resulting death of Kishan Singh. On that report a case under sections 302 IPC, 3 SC/st (Prevention of Atrocities) Act, 1989 and 27 Arms Act was registered and investigation commenced. Dead body of Kishan Singh was subjected to autopsy. Necessary memos were drawn. Statements of witnesses were recorded. The appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge SC/st (Prevention of Atrocities) and Sessions Judge Dholpur. Charges under Sections 302 IPC, 3 (1) (10) of SC/st (PA) Act, 1989 and 3/27 Arms Act were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 15 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence and stated that since he had no male issue and his daughters were married he was falsely implicated in the case with a view to grab his land. He further stated that on the day of the incident he had gone to Punjab for `kar-sewa' and then he got the treatment. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. We have heard the contentions raised before us and with the assistance of learned counsel perused the record. Death of Kishan Singh was concededly homicidal in nature. As per post mortem report (Ex. P. 8) following ante mortem injuries were found on the dead body:- 1. Gun shot would (wound of entry) over chest left side 11. 00 cm below & over nipple. Antero laterally size 2 cm x 1/2 edging are inverted. Deep to chest cavity. Direction of wound is upward & forward the left side. Hole in the Baniyan. 2. Gun shot wound (wound of entry) At. Rt. Scapular region size 1 x 1. 00 x deep to chest wall, 6 cm below the Schromina process of clavicle & 5 cm Rt. to the Mid line (Thoracic ). Edging inverted. Direction of wound is down ward & forwarding the left. Hole in the Baniyan. 3. Gun shot wound (wound of entry) at Rt. upper arm upper 1/2 posterior laterally size 2 cm x 1-1/2 cm. Deep to bone & muscle communicate with wound of exit forwarding Rt. hamers. Hole in the Baniyan. Edging inverted. 4. Gun shot wound (wound of exit) At right thigh upper 1/3 Anterior laterally size 6 1/2 x 3 cm x Deep to muscle. 5. Gun shot would (wound of exit) At chest right side axillary region, Upper 1/3 (Chest) edging are inverted. Size 7 1/2 cm x 4 cm x communicate with injury No. 1. Deep to chest cavity. Gun shot wound (wound of exit) At Rt. upper arm, upper 1/2 posterior laterally size 9 1/2 x 6 cm hole in Baniyan. Communicate with injury No. 3. In the opinion of Dr. R. C. Goyal (PW. 5) the cause of death was hemorrhage and shock due to excessive bleeding. The prosecution case is founded on the testimony of informant Kalicharan (PW. 2), Dhanendra (PW. 3) and Dhanna Singh Pappi (PW. 4), who were examined as eye witnesses of the occurrence. In his deposition Kalicharan (PW. 2) stated that while his father was sitting on the tractor and ploughing the field of Mahar Singh Brij Mohan @ Mijjo Babu came from his house armed with pachfera rifle and opened fire at his father who as a result of which bent down on the tractor. Dhanendra Singh (PW. 3) deposed that on October 13, 1998 around 2 PM while he was gossiping with Kali Charan, Lokendra and Kanhaiya, Mijjo Babu @ Brij Mohan Singh came armed with 315 bore gun. At that time Kishan Singh was driving the tractor on Mehar Singh's field. Mijjo Babu signaled Kishan Singh to stop and open fire at Kishan Singh who bent down on the left side of tractor and died. After the incident Mijjo Babu left the place of occurrence. Evidence of Kali Charan and Dhanendra Singh gets corroboration from the statement of Dhanna Singh @ Pappi (PW. 4 ). Sharad Chaudhary (PW. 15), who was posted as Circle Officer drew site plan and recovered empties from the place of occurrence. In his cross examination he stated that on October 13, 1998 while he conducted the search of Mijjo Babu's house he found that Mijjo Babu absconded and his house was open. Ram Niwas SHO Police Station Nihalganj (PW. 12) deposed that on March 6, 2000 he arrested Mijjo Babu and got 315 bore gun recovered from his possession. Prem Singh (PW. 11) was posted as Assistant Armour in Police Station Dholpur. On that day he got Pachphera gun examined and gave his report Ex. P. 24. A look at the said report goes to show that gun recovered from the appellant was in working condition.
(3.) LEARNED counsel for the appellant vociferously criticised the impugned judgment and canvassed that the prosecution has failed to connect the weapon allegedly recovered at the instance of appellant. We find no substance in this contention. The gun (Article 1) recovered from the possession of the appellant was identified by Ram Niwas SHO (PW. 12) in the trial Court. The weapon has number written on it. Therefore there is no scope for raising any doubt regarding the identity of the weapon. Learned counsel then assailed the evidence of eye witnesses examined by the prosecution. It is canvassed that nobody was present when the incident occurred. The investigating officer in order to implicate the appellant made the relatives of the deceased as eye witnesses of the occurrence. We have closely scrutinised the testimony of Kali Charan (PW. 2), Dhanendra Singh (PW. 3) and Dhanna Singh @ Pappi (PW. 4) and we notice that despite lengthy cross examination, their evidence could not be shattered. These witnesses had no axe to grind against the appellant. Having scanned their testimony from the point of view of trustworthiness, we find their presence natural at the time of incident. Even if it is assumed that they belong to the group of the deceased, their evidence is not liable to be discarded on that score because it otherwise inspires confidence. They had no interest in protecting the real culprit and falsely implicating the appellant. In the case of interested witnesses the rule of scrutiny is merely a rule of caution rather than a rule of law. Testimony of the eye witnesses, who are the natural witnesses of the occurrence and when one would expect to have seen the occurrence, cannot be doubted only because they happen to be relatives of the deceased. In so far as argument of learned counsel in regard absence of motive is concerned, it can be observed that. . . . of men are often so deep seated as to be unfathomable. The Indian Penal Code does not insist on motive as an ingredient for any offence. The Apex Court in Molu vs. State of Haryana (AIR 1976 SC 2499) indicated as follows:- " It is well settled that where the direct evidence regarding the assault is worthy of credence and can be believed the question of motive becomes more or less academic. Some times the motive is clear and can be proved and sometimes, however, the motive is shrounded in mystery and it is very difficult to locate the same. " ;