V.P.TYAGI, ACTG.C.J. - (1.) THE appellant Mohru has filed this appeal against the judgment of the learned Sessions Judge, Bharatpur dated 24th April, 1972, whereby the appellant has been convicted for an offence under Section 302 IPC. and sentenced to imprisonment for life.
(2.) THE prosecution case is as follows: On 14th May, 1971 Mohru with his two companions Bhogi Kachchi and Amarsingh Kachchi came to the house of Jagannath at about 6 P.M. Mohru was armed with a sword, whereas the other two persons had 'barchhi' and 'kulhari'. PW/6 Ram Baboo was anteing outside the house of Jagannath. It is alleged that Mohru threatened Jagannath to kill him because the latter had named the former to Head Cons -table as one of the gamblers of that area. On hearing this threat, Jagannath did not speak out anything. Mst. Kanta, who was the neighbor of Jagannath was standing outside her house. The allegations made by Mohru against Jagannath were, however, contradicted by Mst. Kanta and she staged that it was absolutely a wrong information that Mohru's name was enrolled as a gambler by the Head Constable. On hearing this answer from Mst. Kanta, Mohru directed himself towards her and extended a threat to kill her Where. upon Mst. Kanta retorted: On hearing this retort from Mst. Kanta, Mohru took out his sword from the sheath and aimed the blow at the head of Mst. Kanta. Mst. Kanta tried to ward off the attack by extending her hand and it is said that she sustained two injuries on her hand. Mst. Anjani, the mother of Mst. Kanta, was sitting nearby. She immediately intervened and caught hold the hand of the accused. But the accused pushed her aside and twisted her band and thereafter a second stroke was given with the sword at the neck of Mst. Kanta resulting in her Instantaneous death. Mohru tried to run away from that place with the sword in his hand. But PW/6 Ram Baboo, brother of Mst, Kanta, caught him by the back and threw him on the ground Jagannath immediately rushed to Mohru and snatched the sword from his hand. After some time one Pyare Thakur came to the scene of occurrence and entreated Ram Baboo to leave Mohru assuring him that Mobru would not run away. On this assurance Mohru was left by Ram Baboo and it is said that thereafter Mohru went away from that place. It is said that Mobru's companion Amarsingh, who was holding a dagger in his hand left his dagger while running away from that place. The First informamation Report was immediately lodged at the Police Station, Roophas by Ram Baboo PW/6. This report is exhibit P/4 and according to the time mentioned therein it was records at 7.30 P.M. This report contains the came of Mohru as the killer of Mst. Kanta After recording the FIR, the Police authorities came to the place of occurrence where various documents were prepared by Chokhalal, Head Constable PW/8. The sword Article 1, which was snatched by Jagannath from the hards of Mohru was handed over to the Head Constable who prepared the recovery memo exhibit P/9. In this document, it is mentioned that the sword was found to be bloodstained. The post morem examination of the dead body of Mst. Kanta was performed by Dr. V.D. Kashyap, who found the following three injuries on the dead body: 1. Incised wound 5' x 3', on the left side of the neck cutting of the structures, namely; trachea, larynx, esophagus end all large blood vessels. The left cornu of hyoid bone, the platyama and the membrane of the left cornu of the neck, right down to the spine. 2. Incised wound 2' x 1' 1' ever the lateral side of the lower third left hand. 3. Incised wound 7' x 3' over the third of the posterior surface of the left forearm cutting left ulna and radius bones and all the intervening structures and muscles. The fore -arm was hanging by a piece of skin. According to the doctor, Mst. Kanta died of heart failure due to shock and excessive hemorrhage, in his opinion, the injuries sustained by the deceased were sufficient in the ordinary course of nature to cause death. ]
(3.) THE sword was sent for the chemical examination, but it was found negative for blood. After the investigation, a challan was put up against Mohru under Section 302 I.P.C. in the court of Munsiff Magistrate, Bayana, who after taking committal proceedings, commuted Mohru to the Court of Sessions to stand his trial for the said offence.;