Rajendra Saxena, J. - (1.) Appellant Ram Swaroop faced trial before the learned Additional Sessions Judge, Chhabra in Case No. 107/95, who by his Judgment and Order dated 3.9.96 convicted him for the offences under section 302 IPC and sentenced him to life imprisonment with a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for one month.
(2.) Succinctly stated, the relevant facts for the disposal of this appeal are, that on 1.9.95 at 8.30 a.m., PW 7 Chaturbhuj submitted a written report (Ex.P 10) to Arjun Singh, SHO Police Station Chhabra, District Baran alleging that on that day at about 5.30-6.00 a.m. his uncle Shyam Lal Dhimar (deceased) as usual had gone to answer the call of nature towards the river, which flows near village Bamora, that after easing himself when he was going in the way just near the temple of Hanumanji Ram Swaroop (Appellant) dealt repeated axe blows on Shyam Lal, who fell down and died on the spot. Chaturbhuj further alleged that the &aid incident was witnessed by Laxmi Narayan (PW 1), Mohan Lal (PW 5) and Nathulal Dhakar (PW 6). He also mentioned in his report Ex.P 10 that after hearing the hue and cry when he came running to the place of incident, he found thaj Shyam Lal had already succumbed to his injuries and the appellant with the axe had fled away towards his house. He further alleged that the appellant bore enemity with the deceased regarding an old dispute for growing vegetable crops in the Bari. The said SHO drew the formal FIR Exb P11 and rushed to the place of incident He reached there on the same day at about 9.20 a.m. He inspected the site and observed that the dead body of Shyam Lal was lying on the way leading to the river Mahudl Ghata just in front of Hanuman temple and that the blood which had soozed out from the injuries of the deceased was lying scattered nearby. He prepared the site plan Ex.P 2 and inquest report Ex.P 1. The sample of blood stained soil and control sample were also lifted from the spot, which were seized and sealed in different packets vide seizure memoes Ex.R 3 & Ex.P 4 respectively.
(3.) PW 9 Dr. Kunj Behari Sharma, l/C Medical Officer, Government Hospital Chhabra conducted the medico legal autopsy of the deceased and vide post mortem examination report (Ex.P 13) found the following external injuries: (i) incised wound 6 cm x 2 cm x 2 cm on the left arm, obliquely placed; (ii) incised wound 5 cm x 2 cm x 2 cm on the left side of neck, obliquely placed; (iii) incised wound 4 cm x 4 cm x 2 cm on the left sub- mandibular region of neck; (iv) incised wound 9 cm x 2 cm x 1 cm on the left auricular region, obliquely placed; (v) incised wound 6 cm x 2 cm x 1 cm on the left Infra clavicular region of chest, obliquely placed; (vi) incised wound 2 cm x 1 cm x 1 cm on the right Infra- clavicular region of chest; (vii) incised wound 3 cm x 1 cm x 1/2cm anteriorly on the middle of neck ⅓rd region in transversed direction; (viii) incised wound 8 cm x 3 cm x 3 cm on the left scapular region obliquely placed; (ix) incised wound 6 cm x 3 cm x 3 cm on the back side of neck in transverse position; (x) incised wound 2 cm x 1 cm x 1/2cm on the left side of temporal region, obliquely placed. On dissection, the doctor found a fracture 1 cm x 1 cm on the left temporal region. Blood was present in left temporal area and there was laceration 1 cm x 1 cm x 1/2cm on the left temporal area. He also found a fracture in the 2nd and 3rd cartilege of both sides. There was laceration on posterior surface of lung 2 cm x 2 cm x 1 cm. The left common carbid artery was also cut.;