S.S.BYAS, J. - (1.) ACCUSED Murli alias Denny was convicted under Section 302 IPC, and sentenced to imprisonment for life with a fine of Rs. 100/ - in default of payment of fine, to further undergo 6 months rigorous imprisonment, by the learned Additional Sessions Judge, Beawar by his judgment dated May 23, 1986.
(2.) THE prosecution case is short and simple any may briefly be summed up as under: At about 11.25 P.M. on 18 -9 -85 the appellant Murli appeared at Police Station, Vijay Nagar, Ajmer and verbally lodged a report (Ex. P/5 ) stating therein. .........[vernacular ommited text]........... This report was reduced in writing by the Station House Officer Jahangir, PW 9. In order to verify the facts stated by the accused in Ex. P/5, the Station House Officer accompanied with PW 1 Mahendra Singh and PW 3 Rampal went to the spot and found the dead body of Shiv Ratan alias Tenny lying on the road leading from town to Vijay Cotton Mills. The Station House Officer posted some constables to keep a watch on the dead body and returned to the Police Station. He thereafter prepared the FIR Ex. P/6 in the prescribed from on the basis of Ex P/5 and registered a case under Section 302 IPC against the appellant. The accused was arrested at about 1 -00 A.M. on 11 -9 -1985 vide arrest memo Ex. P/4. He was wearing Bush shirt (Article 1) at the time of his arrest drenched with blood. This bush shirt was seized and sealed and seizure memo, Ex. P/3 was prepared. In pursuance of the information given by the accused in Ex. P/5, he took the Investigating Officer and the Motbirr near the building of Rajasthan Bank situate in Bapu Bazar and from there took out a dagger (Article 2) stained with blood lying concealed in a 'Nali'. It was seized and sealed vide seizure memo, Ex. P/2. The investigating Officer inspected the site and prepared the site plan, Ex. P/10 He also prepared the inquest report of the victims dead body. The medico legal autopsy over the victims dead body was conducted at about 9.00 A.M. on 11 -9 -1985 by PW 4 Dr. R. Mundel, the then Medical Officer -in -charge, Government Dispensary, Vijay Nagar. The doctor noticed the following ante -mortem injuries over the victim's dead body; External Injuries: 1. Incised stab wounds on back, chest, hips, abdomen, shoulder and wrist 1 -1/4' x 1/2' x 1'; 2. Six liver stab wounds on back, spinal and scapula bone 1' x 1/2' x 1/2'; 3. Two stab wounds incised wounds at both the hips at the level of ischial spinal 1' x 1/2' x 1/2' and 3' x 2' x 1' on the left and right hips respectively; 4. Incised stab wound on right shoulder 3' x 2' x 1/2'; 5. Stab incised wound on abdomen 2' away and right of umbilicus 1 -1/4' x 1' 1 -1/2'; 6. Stab wound on left wrist near phalanges 1' x 1/2' x 1/2'; 7. Half inch stab wound on right wrist on shuff dox; 8. Stab incised wound on sternum middle part 1' x 1' x 1/2'; 9. Stab wound 1 -1/2' x 1' x 1' on right biceps muscle; 10. Stab wound incised 3' above left elbow joint 1 x 3/4' x 1'. Internal Injuries: 1. Right lung punctured; 2. Left lung punctured; 3. Pericardium punctured; 4. Walls of abdomen punctured; 5. Peritornieum ruptured; 6. Hip ruptured; 7. 9th and 10th left ribs broken; 8. 2nd and 3rd right ribs broken. In the opinion of the Doctor, the cause of death Shiv Ratan was permanent cessation of circulation and respiration. The Doctor prepared the medico legal autopsy report, Ex. P/7. The blood stained cloths of the deceased were also seized and scaled by the Investigation Officer. He also lifted the blood stained soil from the place of incident, and sealed it. The blood stained cloths of the deceased, blood stained dagger and the blood stained Bush -shirt of the accused were sent to the Forensic Science Laboratory for chemical examination. The report received from there is Ex. P/14. As per the findings all these articles were stained with 'B' group human blood.
(3.) DURING investigation it transpired that the accused had made extra judicial oral confession before PW 1 Mahendra Singh, PW 2 Raju, PW 3 Rampal and PW 7 Kishan before he lodged the report Ex. P/5 at the Police Station. The extra judicial confession made by him was that he had committed the murder of Shiv Ratan. After when the investigation was over, the police submitted a crime report against the accused Murli @ Penny in the court of Judicial Magistrate, Beawar, who in this turn, committed the case for trial. The Additional Sessions Judge before who the case came for trial, framed charge under Section 302 IPC against the accused, to which he pleaded not guilty and claimed to be tried. He denounced the whole prosecution story as a false and fabricated piece of concoction. He denied his presence on the place of incident and thus pleaded alibi. In support of its case prosecution examined 9 witnesses and filed some documents. In defence, no evidence was adduced by the accused. On the conclusion of trial, the learned Additional Sessions Judge held the charge Under Section 302 IPC duly brought home to the accused. The accused was consequently convicted and sentenced as mentioned at the very out set. Aggrieved against his conviction, the accused has taken his appeal.;