SHIV KUMAR SHARMA,J. - (1.) RANJEET Gayan @ Manik, appellant herein, was put to trial before the learned Special Court (Sati Nivaran) Rajasthan Jaipur and Additional Sessions Judge Jaipur, who vide judgment dated April 1, 2003 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 500/ -, in default to further suffer three months simple imprisonment.
(2.) IT is the prosecution case that informant Ramesh Chand Sharma handed over a written report to the police at SMS Hospital Jaipur wherein he stated that he belonged to village Hingonia, District Jaipur and he had four brothers viz. Sita Ram, Ram Prasad, Ram Swaroop and Ram Murti. They were having a Restaurant which was being run by Ram Swaroop and Ram Murti. In November, 2001 Ram Murti took a contract for running a Canteen in Shobha Nagar near National Medical College Achrol. Appellant, who was employee of the Restaurant, accompanied Ram Murti to help him to run the canteen. Because of loss in the Canteen, it stood disfunctional and Ram Murti along with the appellant came back to Jaipur and appellant started working in the restaurant as usual. Since past wages for eight months were not paid by Ram Murti, the appellant made complaint to the informant. Despite assurance given by the informant, the appellant got annoyed and insisted for immediate payment. In the afternoon of July 10, 2002 Ram Murti had gone to second floor of the restaurant to take a nap. Around 4 PM Babua, servant of informant, rushed nervously to the counter and intimated informant that Ram Murti was lying in an unconscious condition. Ram Murti was removed to the hospital where he was declared dead. On that report Police Station Jalupura Jaipur registered a case under Section 302 IPC and investigation commenced. In the course of investigation, inquest proceedings were drawn, site was inspected, statements of witnesses under Section 161 CrPC were recorded, the appellant was arrested and after completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Court (Sati Nivaran) Rajasthan Jaipur and Additional Sessions Judge Jaipur. Charge under Section 302 IPC was 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. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. We have heard learned Counsel for the appellant and learned Public Prosecutor and with their assistance weighed the material on record.
(3.) DEATH of Ram Murti was concededly homicidal in nature. As per postmortem report (Ex.P -10) following ante mortem injuries were found on the dead body: 1. Abrasion 1/4 x 1/6 cm reddish colour on left middle finger laterally at 2nd phalanx 2. Abrasion 1/2 x 1/4 cm left dorsal elbow reddish colour 3. Two parallel bruise each of size 13cm x 1/2 cm meeting at both ends with a gap of 1cm in between on Rt. postero lateral of back below thoracic cage obliquely placed reddish colour. 4. Lacerated wound 6cm x 11/2 x scalp bone deep transversely placed obliquely on Rt. temporal region. Wound is 8cm above Rt. mastoid process with crushed hair bulbs scalp hairs underlying tissue found crushed with depressed fracture of Rt. temporal bone with staining of blood clots at surrounding scalp hair and tissues. 5. Bruise 4 x 1cm Rt.ear helix reddish colour 6. Bruise 7 x 3 cm Rt. mastoid and upper part of neck post amicular region reddish colour. 7. Abraded lacerated wound of size 12cm x 21/2 cm Rt. zygoma to nasion lateral part of 4cm x 2cm of Rt. eye zygoma region abraded reddish colour with lacerated wound 8cm x 1 cm x bone deep to brain deep with depressed fracture of Rt. frontal bone and orbital plate orbital ridge going transversely oblique on Rt. side face with fresh clotted blood. On Ex. depressed fracture nasal bones multiple in number with fracture of Rt. maxilla Rt. zygomatic bone Rt. malar bone 8. Lacerated wound 4cm x 1/4 cm Rt. alace of nose to left upper lip reddish colour with reddish clotted blood. Dr. Suman Dutt (PW. 7) who was member of the Medical Board constituted to perform autopsy on the dead body opined that the cause of death was coma as a result of head injuries to skull and brain. ;