Shiv Kumar Sharma, J. - (1.) The sole appellant, Sharvan Singh, was tried before the Additional Sessions Judge, Sikar in Sessions Case No. 21/93 for committing murder of one Tara Chand son of Jaisa Ram, age 25 years in village Disnaoo. He was convicted under Section 302 and 450 Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000/- under Section 302 Indian Penal Code. In default of payment of fine, to undergo simple imprisonment for two months. Under Section 450 Indian Penal Code he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000/-. In default of payment of fine, to undergo simple imprisonment for one month. The substantive sentences were ordered to run concurrently.
(2.) The facts of the case lie in a narrow compass. As per the prosecution case, at 3.30 a.m. in the night intervening 5th and 6th November, 1992, deceased Tara Chand was assaulted by the appellant with an axe when he was sleeping in a room of his house in village Disnaoo. He succumbed on the spot to the injuries sustained by him. A written report of the incident (Ex.P 12) was promptly made at 5.30 a.m. in the following morning at Police Station. Laxmangarh by PW. 8 Jaisa Ram, who was an eye - witness of the occurrence. On this report, crime IV 211/91 was registered under Section 302 Indian Penal Code and investigation commenced.
(3.) During investigation Inquest report of the dead body (Ex.P 1) was prepared on 6.11.92 and thereafter: the dead body was made over for post-mortem examination. Site-plan (Ex.P 2) of the scene of occurrence was also prepared on 6.11.92. The Investigating Officer (for short, the I.O.) collected control cement chips and blood stained cement chips from the place of occurrence vide seizure memos Ex.P 4 and Ex.P 5 respectively. Blood stained clothes of the deceased Tara Chand were seized vide memo Ex.P 5 and blood stained 'Gudri' was seized vide memo Ex.P 6 on the same day. The autopsy on the dead body was conducted by a Medical Board consisting of PW 6 Dr. PR Joshi and Dr. J.R Bhariya. The following injuries were found on the body of the deceased vide post-mortem report Ex.P 9:- 1. Incised wound 11/2" X 1 X 3/4" left wrist region extensor surface, obliquely placed, clotted blood present. 2. Incised wound 2" X 1" X 1/2" left side neck above 1/2" above sternoclayicular joint, clotted blood present. 3. Incised wound 11/2" X 1/2" X 11/2" at middle portion of neck, trachea cut and sternocleidomastoid muscle cut with carotid vessel cut along with fracture of thyroid and cricoid bone, clotted blood present. 4. Incised wound 2-/12" X 1" X bone deep Lt. side of face with fracture of body of mavdible, clotted blood present. 5. Incised wound 23/4" X 1/2" X 11/4" deep obliquely placed, nasal bone cut with fracture of maxillary bone on Rt. side of face, clotted blood present. 6. Incised wound 1" X 1/2" X 1/2" neck posteriorly in vertical direction. 7. Contusion 1" X 1/4" left side forehead, simple, blunt. 8. Incised wound 1" X 1/2" X 1/4" left side transversely placed pre-auricular area. 9. Incised wound 1" X 1/2" X 1/4" left parietal region scalp. In opinion of the Doctors, injuries No. 1, 2. 3, 4, 5 and 6 were caused by sharp edged weapon. PW. 6 Dr. PP Joshi also testified that cause of death was multiple injuries of neck and face causing excessive haemorrhage and shock. The injuries were anti-mortem in nature and sufficient to cause death in the ordinary course of nature.;