S.S.BYAS, J. - (1.) BY his judgment dated February 2, 1989, the learned Sessions Judge convicted the accused Ashanand alias Asha Under Section 302 IPC and sentenced him to death with a fine of Rs 100/ -. By the same judgment, be convicted the accused Mohan Singh and Chitaria alias Chitar Singh Under Section 302/34, IPC and sentenced each of them to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one months rigorous imprisonment. The learned Sessions Judge has submitted the proceedings Under Section 366(1) Cr.PC for confirmation of the death sentence. As usual, the three convicts have come up in appeals to challenge their conviction. We have thus two matters before us namely (1) the reference for confirmation of the death sentence and (2) the appeals of the convicts.
(2.) THE incident is alleged to have taken place at about 5.00 p.m. on 6 -3 -1987 at Rawat -Bhata Bus -stand in the city of Kota in which one cripple Chetu Ram alias Chetu Sindhi aged about 50 years was done to death. Briefly narrated, the prosecution case is as follows: The deceased Chetu Ram operated a kerosene shop in a log -cabin near the bus stand of Rawat Bhata road in the city of Kota. The location of the log -cabin has been shown by mark 'X' in site plan Ex.P -1. At about 5.00 p.m. on 6 -3 -1987 he was sitting in his log -cabin. PW 5 Suresh Kumar. PW 7 Farid and PW 9 Ashok Kumar were standing near the log -cabin. While they were talking with each other, the three accused Ashanand, Mohan Singh and Chitar Singh came there on a motor cycle Accused Ashanand was timing the vehicle while the other two Mohan Singh and Chitar Singh were on the pillion. The motor cycle was stopped near the log cabin of Chetu Ram. Accused Ashanand bad a plastic mug filled with acid. He poured the acid on Chetu Ram. Accused Mohan Singh and Chitar Singh landed blows to Chetu Ram with knives. Chetu Ram fell down. There was profuse bleedings from his wounds. The clothes he was wearing got drenched with the acid and the blood of his wounds There were acid burns, on his body. The three accused thereafter mounted on the motor cycle and ran away. Accused Mohan Singh and Ashanand had also received acid burn injuries in the incident. PW 7 Farid and PW 9 Ashok Kumar hired an auto rickshaw and took Chetu Ram in is to M.B.S. Government Hospital, Kota. The Doctor on duly examined Chetu Ram and declared him dead Ashok Kumar (PW 9) went to the Police Station Gumanpura and presented written report Ex.P 16 of the incident at about 6.30 p.m. on the same day. The police registered a case Under Section 302/34 IPC and proceeded with investigation The Station House Officer Samrath Singh PW 11 immediately deputed some cops to reach the place of incident and keep a watch there. He himself reached there at about 8.00 p.m. and inspected the site but as it was night, he postponed the further spot investigation for the next day. He also went to the hospital and found the victim's dead body lying there Next day he again went on the spot, inspected it and prepared the site plan Ex. P1. He collected blood stained soil from there. He also seized one pair of Chappies and a woollen journey having acid burns lying in the log -cabin. All these articles were seized and sealed. He then went to the hospital and prepared the inquest report of the victim's dead body. The medico legal autopsy over the victim's dead body was conducted at about 11.00 a m on 7 -3 -1987 by Medical Jurist Dr. Man Mohan Singh (PW 2). The Doctor noticed the followed ante mortem injuries over the dead body: (1) Incised wound 2' x 1/2' x 1' deep obliquely on the Rt side of Neck Posterior aspect tapering down words and towards Ed; (2) Incised wound 11/2' x 1/2' x 1' on the back of Neck traversal;' and centrally placed. Tapering towards Rt. side; (3) Incised wound 1' x 1/2' x 1/2' on the occipital scalp obliquely placed tapering down words Rt; (4) Incised wound 1' x 1/2' x 1/4' on the Lt. arm 3' below shoulder on the outer side obliquely placed; (5) Incised wound 1' x 1/2' 1/2' obliquely placed on the Lt. axilla; (6) Incised wound 1 -1/2' x 1/2' x 3/4' on the anterior axillary fold Lt. side; (7) Incised wound 1/2' x 1/2' x 1/2' on the darson of Ist plaby of thumb Lt. longitudinally placed tapering down wards; (8) Incised wound 2' x 3/4' x 3/4' on the back of Rt side on the lateral border of scapula tapering down words obliquely placed; (9) Incised wound 1 -1/2' x 1/2' x 1/2' traversly placed on the upper and lateral aspect of Rt. thigh. 4' below the iliac crest; (10) Acid burns, whole scalp, whole face, neck front of back, Rt. upper arm and forearm and hand Lt. upper arm. forearm and hand upper half of chest spolty burns on the abdomen Whole of the Lt. thigh, lower half of Rt. thigh and lower half of both legs and foot.
(3.) IN the opinion of Dr. Sharma, the cause of death was shock and haemorrhage caused by multiple injuries and extensive burns. The Doctor prepared the post mortem examination report Ex.P 7 and Ex. P 8. The clothes of the deceased which he was wearing at the time of the incident containing acid burns and blood stains were seized and sealed. Accused Ashanand was arrested on 8 -3 -1987 and in consequence of the informations furnished by him one knife and one underwear were recovered from his house. The underwear had acid burns Accused Mohan Singh was arrested on 14 -3 -1987. On their medical examination, acid burns were found on their person. Accused Chitar Singh was arrested on 17 -6 -1987. On chemical examination, the clothes of the deceased and the underwear of accused Ashanand were found having Sulphuric acid burns. The clothes of the deceased were also found stained with human blood. On the completion of the investigation the Police submitted a crime report against the three accused Ashanand. Mohan Singh, Chitar Singh in the court of Additional Chief Judicial Magistrate (3), Kota who in his turn committed the case for trial to the court of Sessions. The learned Sessions Judge framed charges under Sections 302 and 302/34, PC against all of them to which they pleaded not guilty and faced the trial. They denied that they went to the log -cabin of the deceased victim Chetu Ram and killed him. Accused Ashanand and Mohan Singh in their statements recorded under Section 313, Cr.PC stated that they had taken Jeep RJF 3031 to the workshop and there when they were taking out the battery, the battery fell down. They thus received acid burns on their person. In support of its case, the prosecution examined 11 witnesses and filed some documents. In defence, the accused examined 8 witnesses. The common defence taken by the accused persons was that some unknown sikh terrorists came mounting over a motor cycle to the log cabin of Chetu Ram. They threw acid on him and landed knive blows to him. Chetu Ram was thus killed by the unknown terrorists. On the conclusion of trial the learned Sessions Judge disbelieved the defence version of the incident and help the charges duly proved against all the three accused. The accused were consequently convicted and sentenced as mentioned at the very outset.;