- (1.) Appellant is aggrieved of his conviction and sentence awarded of four years' rigorous imprisonment with fine of Rs.4,000/- for the offence of Section 304 Part II IPC to the petitioner recorded per judgment dated 4.7.89 in SC No.41/86. Heard learned counsel for the appellant and learned Public Prosecutor.
(2.) Alleged events in short, according to prosecution, are that on 26.3.86, ASI in-charge PW 11 received a memo Ex.P6 of medical officer, Government hospital, informing that patient Bhanwar Lal s/o. Sardara Ram, age 26 years, r/o. Shipuri, a case of injury is brought at hospital on that day at 3.30 P.M. so PW 11 ASI reached RCP Government hospital, Vijanynagar, where injured Bhanwar Lal s/o. Sardara Ram was admitted, in a severe injured state-and in presence of doctor PW 6 recorded statement of Bhanwarlal s/o. Sardara Ram Ex.P7. Bhanwarlal stated that on that day morning, when he with his father, was sitting at his home, where also were Dhiraram and Punaram came Kebu Ram (the appellant) and asked him to accompany to field, but he (deceased Bhanwarlal) declined as it was day of rama rami (day of hpli festival when visiting pleasantries exchanged) but Kebu Ram insisted telling that shall come after five minutes after unloading fertilizer from cart, but father (of Bhanwarlal) also stated that not possible to return in 5-10 minutes, still Kebu persuaded so he (Bhanwarlal) and Keburam both taking cart of Banwari and loading it with fertilizers arrived at 9 A.M. at agriculture field 15 BGD of Keburam and unloading it, Bhanwarlal asked Keburam to return soon, but Keburam told of visiting Dhani of Santa Banta so both went to their dhani there half or three quarter bottle of wine consumed by them so Bhanwarlal completely intoxicated, less was consumed by Kebu who brought Bhanwarlal back to his field, where inflicted injury of some article at his right thigh. Bhanwarlal described that as Kebu inflicted at his right thigh severally bleeded so he asked him (Keburam) that injury big one and he cannot return home so he (appellant) to take him at home and also asked for water then appellant brought him to village. Stated that injury of Gandasi (spear like) is inflicted by appellant, injured taken to hospital by his elder father Dhira Ram and injury cannot because of animosity relating to agreement for a watch entered a month ago which appellant wished to be rescinded but he not ASI PW 11 writing statement Ex.P7 on basis of it registered FIR No. 37/86 Ex.P16 for the offences of Sections 307 and 324 IPC and forwarded Ex.P8 to medical officer to examine and prove injury report but medical officer mentioned that it is a dispensary and as injured not in condition of shock whose pulse and BP not recordable so he immediately forwarded from there to Ganganagar hospital. PW 11, in course of investigation on 26.3.86, obtained blood stained worn cloths shirt, underwear and also bed-sheet preparing Ex.P13 and as deceased Bhanwarlal undergoing treatment expired at Ganganagar hospital, so prepared memos Exs.P14 and P15 on 27.3.86. Post-mortem conducted and report Ex.P10 prepared. Appellant arrested on 2.4.86 vide memo Ex.P17 and as per his disclosure of 6.4.86 reduced in writing by SHO PW 7 as Ex.P9 and at his instance recovered shirt blood stained and a bed-sheet from room of his house and sealed preparing Ex.P1. Dy.S.P. PW 12 in course of investigation on 17.3.87 inspecting field 15 BGD of accused-appellant, the said place of incident, prepared memos Ex.P3 and P3A, where blood was at an area of 5 ft. x 2 ft. so sample of blood stained and also plain soil collected and sealed preparing memos Exs. P4 and P5. Appellant on 8.4.86 at 5 O'clock n evening disclosed PW 7 that the Gandasi is concealed by him in kotha (large container made of clay and mud) lying at his residential house and PW 12 writing information Ex.P18, at leading instance of appellant, recovered from kotha a gandasi which was 5 ft 3 inches long with mettle fulcrum of nine inch having some blood like stains, and sealed preparing memo Ex.P2 and site plan Ex.P19. Keeping packets of all the articles safe in malkhana, same were deposited obtaining receipt Ex.P12, for examination at laboratory. Recording statements of witnesses and completing investigation, charge-sheet for the offences of Sections 302, 307 and 324 IPC submitted in Magisterial Court and on committal, the sessions case registered.
(3.) Appellant charged for the offence of Section 302 IPC that he on 26.3.86 at about 9.30 A.M. at field 15 BGD Anupgarh to cause and knowing definitely that by doing so, shall cause death, inflicted injury of Gandasi to Bhanwarlal causing his death, thus murdered him, denying claimed trial.;