SHYAM SUNDER BYAS,J. - (1.) THE appeal is directed against the judgement of the learned Additional Sessions Judge (1), Hanumangarh dated Feb. 12, 1982 convicting the appellant Jeetaram under Section 302, IPC and sentencing him to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's rigorous imprisonment.
(2.) BRIEFLY stated, the prosecution case is that PW 3 Devi Lal is the son of PW 2 Loona Ram Kumbhkar. The accused was their share -cropper while the deceased Brij Lal was engaged by them as a labourer to work in their fields situate in Rohi Sahjipura P.S. Hanumangarh district Sri Ganga Nagar. On July 19, 1981, PW 3 Devi Lal, the accused Jeetram and the deceased Brij Lal worked in the said fields. At about 5.00 p.m., Devilal (PW 3) went to his house in village Sahjipura to bring food for the accused and the deceased leaving both of them working in the fields. At about 9.00 or 9.30 p.m., Devilal went back to the fields to provide food to the deceased and the accused, but found none of them there. He slept there in the field in that night. When he woke -up at about 5.00 or 5.30 a.m. on the next day, he started the water -pump of his tube -well to provide water to the standing crops in the fields He there after went in the fields and found the dead body of Brij Lal at a place where the water channels cross each other. The dead body was lying in the water with big multiple wounds. A blood -stained Kassi was also found lying nearby. He went to inform his father Loona Ram whom he found at the bus stand. He narrated the incident to him. His father directed him to go back to the fields where the dead body was lying and to keep a watch there. Loona Ram went to the Police Station, Hanumangarh and verbally lodged report Ex.P 2 of the occurrence. He expressed his suspicion on the accused that it was he who killed Brij Lal. The police registered a case and proceeded with the investigation. The Station House Officer Bhagwan Das (PW 8) arrived on the spot, inspected the site, prepared the site plan, site inspection note and the inquest of the victim's dead body. He found some feet marks near the dead body. He lifted them by preparing their moulds with the plaster of Paris. He seized and sealed the blood -stained Kassi, which was found lying near the dead body. The post mortem examination of the victim's dead body was conducted at about 4.00 p.m. on July 20, 1981 by PW 1 Dr. Saharan. The doctor noticed the following ante -mortem injuries on the victim's dead body: (1) Incised wound 4 -1/2' X 1 -1/2' X 1 -1/2' on the left side of neck mid length obliquely placed, injuring big vessels of neck; (2) Incised wound 1 -1/2' X 1/2' X 1/2' on left side anteriorly lower part of chin; (3) Incised wound 2 -3/4' X 1/2' X 1/2' extending from right side of upper lip to left side of lower lip; (4) Incised wound 3' X 1/2' X 1/2' on the right hand dorsally; (5) Incised wound 3 -1/2 X 1/10' X skin deep on left side of neck extending to midline towards the head from injury No. 1; (6) Incised wound 3 -1/2' X 1/2' X skin deep right side of neck upper part; (7) Incised wound 1/2' X 1/8' X skin deep centrally on chin; (8) Incised wound on left side of chest anteriorly upper part 1' X 1/8' X 1/8'; (9) Abrasion 1/2' X 1/2' left side chest anteriorly upper part. Injury No. 9 was found to have been caused with some blunt weapon while the rest by sharp -edged weapon. In the opinion of Dr. Saharan, the cause of death was shock as a result of injuries to big vessels and due to all the injuries. Injury No. 1 was alone and the remaining injuries collectively were found sufficient in the ordinary course of nature to cause death. The post -mortem examination report prepared by him is Ex.P 1. At about 10.00 p.m. on July 21, 1981, the accused went to the house of PW 4 Hari Ram. PW 6 Rewat Ram, where he found Rewat Ram and the accused confessed before them that he had killed Brij Lal with a Kassi and requested them to take him to police. They refused to take him to police but took him to Panchayat Member Balwant Singh (PW 6). Before they could contact Balwant Singh at his house, the accused slipped away. The accused was arrested on July 30, 1981. His finger prints were taken. He was produced before the Judicial Magistrate Mr. Puniya (PW 7) on August 4, 1981. On his consent, specimen of his foot prints by preparing the moulds were taken in the presence of the Magistrate. The chance footprints, specimen foot -prints, finger prints and the Kassi found on the spot were sent for scientific examination to the State Forensic Science Laboratory, Jaipur. The opinion of the finger -print expert was not received from there but the opinion regarding foot -prints was received vide report Ex.P 20. The opinion was that all the foot -prints, that is, found on the place of the incident and the specimen taken in the presence of the Magistrate, were of the same feet. On the completion of the investigation, the police presented a challan against the accused in the Court of the Judicial Magistrate, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302, IPC against the accused, to which he pleaded not guilty and faced the trial. In his statement under Section 313 Cr.PC, he admitted that he was one of the share -croppers in the fields of PW 2 Loona Ram. He denied to have made any extra -judicial confession before PW 4 Hariram and PW 6 Rewat Ram. On the conclusion of the trial, the learned Sessions Judge held the charge of murder duly proved against the accused. The accused was consequently convicted and sentenced as mentioned at the very out -set. Aggrieved against his conviction, the accused has taken this appeal.
(3.) WE have heard the learned amicus curiae and the learned Public Prosecutor. We have also gone throught the case file.;