S. K. SHARMA, J. - (1.) THE appellant, along with 13 co- accused, was put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Ajmer, who vide judgment dated July 15, 2004 while acquitting co-accused persons convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment for life and fine of Rs. 200/-, in default to further suffer simple imprisonment for ten days.
(2.) IT is the prosecution case that on July 2, 2000 informant Dev Bahadur (P. W. 4) submitted a written report (Ex. P/4) at Police Station Christianganj Ajmer to the effect that on the said day around 10-10. 30 a. m. while the informant along with the his brother Suresh Bahadur, Bhagwan Chand, Raju and Bhaskar were clearing the place in front of the College behind Roadways booking by removing Babool trees, for the purpose of installing a Cabin, Vijay Singh, Jai Singh, Surendra Singh, Gopal Singh (Annu), Dilip, Ram Swaroop, Praveen, Pintu, Naresh, Nikki, Banwari, Shyama, Gordhan Kumar, Chandu and two others armed with Hockeys, Lathis, Knives and Axes came over there and attacked on the informant and other members of complainant party saying that they would not allow the cabin to be installed at that place. In the meantime Vijay Singh inflicted knife blow on chest of Bhagwan Chand, Surendra Singh gave blow with axe on the abdomen of Bhagwan Chand and Gopal Singh inflicted lathi blow on the head of Suresh Bahadur. When they ran for their life the assailants chased them and Praveen, Pintu, Naresh and Nikki inflicted blows with knife on the abdomen of Bhagwan Chand. Details of injuries caused by the assailants has also been given. After the assailants fled away the injured were removed to the hospital where Bhagwan Chand was declared dead. On that report a case was registered under Sections 147, 148, 149, 452, 302, 307 and 323 IPC and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, accused were arrested and 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), Tonk. charges under Sections 323, 325, 148, 302 alternatively 302/149 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 31 witnesses. In the explanation under Sec. 313 Cr. P. c. , the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. Learned counsel for the appellant while assailing the impugned judgment took us through the material on record. Death of Bhagwan Chand was undeniably homicidal in nature. As per post-mortem report (Ex. P/18) following ante mortem injuries were found on the dead body: 1. Stab wound 5 cm 2 cm x ?, on the front of chest obliquely placed, clean cut margin, situated 7 cm below from the L. nipple, & 8 cm below R. nipple On dissection of wound: it is going from below upwards, piercing the diaphragm and reaching up to the Inf. surface of R. ventricle measuring 3 cm x 0. 5 cm pericandeal cavity contains about 100cc of blood, chest cavity contains about 1 litre of blood. 2. Stab wound on the R. side of abdomen 2 cm x 1 cm ?, oblique clean cut margin. On dissection it is muscle deep. 3. Stab wound on L. side of chest, 9 cm below & Lat. to L. nipple, measuring 2 cm x 1 cm x muscle deep. 4. Incised would on L. forearm 2 cm x 1 cm x bone deep, oblique, clean cut, margin. 5 Incised wound on the L. little finger dorsally 5 cm x 1 cm x bone deep 6. Abrasion 3 cm x 1 cm L. iliac crest. 7. Contusion L. elbow 9 cm x 4 cm 8. Abrasion on back of L. ear 6 x 4 cm 9. Abrasion on forehead 3 x 2 cm. In the opinion of Dr. R. K. Mathur (P. W. 11) the cause of death was shock as a result of injury to heart. Suresh Bahadur (P. W. 5 vide injury report (Ex. P/19) received following injuries: 1. Contusion 12 cm x 5 cm on Rt. tempo and parietal region. 2. Lacerated would skin deep 1/2 cm x 0. 1 cm on Rt. side of forehead just above right eyebrow. 3. Lacerated wound bone deep 2 cm x 0. 2 cm on Top of forehead on Rt. side. 4. Lacerated would 1/2 cm x 0. 1 cm on Root of nose 5. Lacerated would 2 cm x 1/2 cm on inner side of Rt. side of Angle of mouth. 6. Diffuse swelling on Lt. foot on anterior parties 7. Three contusions 3 ach size 5 cm x 1 cm on front of neck. 8. Swelling 2 cm x 2 cm on back of Lt. 9. Abrasion 3 cm x 1/2 cm on middle of Lt. 10. Abrasion 3 cm x 0. 1 cm Rt. leg upper 1/3rd 11. Abrasion 3 cm x 1/2 cm on Rt. side of forehead 12. Diffuse swelling on Rt. knee 13. Diffuse swelling Lt. forearm 14. Diffuse swelling Rt. forearm 15. Swelling 2 cm x 2 cm on back of Lt. little finger. 16. tenderness present on Rt. shoulder. On X-ray vide X-ray report (Ex. P/20) fractures of upper end of tibia bone pixel of phalanx index finger were found. Dev Bahadur (P. W. 4) vide injury report (Ex. P/21) received following injuries: 1. Lacerated would bone deep 6 cm x 1 cm on Top of head. 2. Contusion 2 cm x 1 cm on front of Lt. knee 3. Contusion 1 cm x 1 cm on front of Lt. knee Lat. to injury No. 2. 4. Complaint of pain at Rt. shoulder.
(3.) WE have pondered over the submissions advanced before us and carefully scanned the material on record. Informant Dev Bahadur (P. W. 4) in his deposition narrated the incident in the manner it was stated in the written report. Testimony of Dev Bahadur gets corroboration from the statement of Suresh Bahadur (P. W. 5), who also sustained injuries during the incident. Although there are embellishments in the evidence, we find it consistent and trustworthy qua he appellant. Both these witnesses sustained injuries during the incident and their testimony could not be shattered in the cross-examination. There is nothing on record to show that these witnesses had enmity with the appellant. Their presence is established at the time of incident. On examining their evidence from the point of view of trustworthiness we find them highly reliable witnesses. The prosecution is able to establish that it was the appellant two caused fatal blow on the person of deceased. Thus charge under Section 302 IPC is proved against the appellant beyond reasonable doubt. ;