Shiv Kumar Sharma, J. - (1.) Business rivalry was the cause behind the murder of Ramdev, who was successfully running garments factory. His neighbour Harish Yadav, appellant herein, who was also involved in garment business, suffered huge loss because of Ramdev's factory, one day took Ramdev with him and thereafter both had disappeared. After some days dead body of Ramdev was found in a decomposed condition, whereas Harish Yadav, who after closing his factory went away from Jaipur, was seen living in Uttar Pradesh. He was nabbed and put to trial before learned Additional Sessions Judge No. 1, (Fast Track) Jaipur City, Jaipur. Learned Judge vide judgment dated July 22,2002 convicted and sentenced the appellant as under: U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for six months. U/s. 364 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 500/-, in default to further suffer simple imprisonment for three months. The substantive sentences were ordered to run concurrently.
(2.) It is the prosecution case that on March 23, 2001 informant Om Prakash Chaudhary PWI5 submitted a written report (Ex. P.8) at Police Station, Gandhi Nagar, Jaipur with the averments that his brother Ramdev Chaudhary was running a factory of garment in the name and style of 'Gayatri Garments'. His business of garment was so flourishing that it had adverse effect on nearby garment factories run by Bhupendra Yadav and Harish Yadav. Around twenty days back Harish and Bhupendra came to the factory of Ramdev and abused him. They asked Ramdev to close the factory and threatened him to kill. On March 22, 2001 around 8 P.M. Bhupendra came to the factory of Ramdev and took Ramdev with him. Thereafter Ramdev did not return back. On that report a case under section 365 I PC was registered and investigation commenced. On April 4, 2001 dead body of Ramdev in a decomposed state was found near Jhalana Road. It was subjected to autopsy. Necessary memos were drawn, statements of witnesses were recorded, appellant was 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 No. 1, Jaipur City, Jaipur. Charges under sections 364,302 read with 341 PC were framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Section 313 Cr.P.C. the appellant 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
(3.) Undeniably death of Ramdev was homicidal in nature. As per Post Mortem report (Ex. P8) the condition of the dead body was as under: Skull & face: Scalp tissue attached at few places more on anterior sides with mud, scalp tissue present at places only which are easily pulled out. Hairs are also present on chin and both sides of face, more on Lt. side face. On removing the scalp tissue blood stain is present over both tempro parietal bones on both sides, few pieces are depressed, Margins of fracture bones showing blood stain which is dried, brownish black in colour (antemortem in nature). Lt. eye ball is completely missing from socket, while on Rt. side unidentified soft tissue is present in socket. Mouth is semi opened, tongue is not visible. All frontal teeth are visible and intact, slightly loose in the sockets. Skin over face is dry & slightly hairs. Rt. ear is completely eaten by lower animals while Lt. ear is partially eaten away (post mortem in nature) on opening the skull, fractures of both sides temporal parietal bones extending upto base of skull through. Middle cranial fossa with blood stained margins (Ante mortem in nature). Brain is missing except a disorganized blackish foul smelling material is present Dura meter is not recognised. Neck : Skin is dry & hard, on dissection underneath structures does not show blood stain. Hyoid bone & other cartilages are normal. Cervical vertebra's are normal but exposed posteriorly. Thorax & abdomen : Skin over this regions are dry & slightly hard. Rt. side of upper ribs are partially exposed on opening the thorax both clavicles, scapular, stream & Lt. side ribs are found intact. Ribs of Rt. side from 4th 8 mortem in nature. Thoracic cavity is almost empty except small collapsed blackish mass present in both sides suggestive of partially identified lung tissue. Soft pulpy partly identified, heart is also present. In the opinion of Dr. B.M. Gupta PW9 the cause of death was injuries to skull. Time of death was about one to two weeks prior to post mortem examination.;