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2004 DIGILAW 58 (RAJ)

Mangilal alias Mangla Ram v. State of Rajasthan

2004-01-15

N.N.MATHUR, SUNIL KUMAR GARG

body2004
JUDGMENT 1. - The instant appeal is directed against the judgment of the Additional Sessions Judge No. 2, Hanumangarh dated 28.10.1999 convicting the appellant Mangi lal of offence under Section 302 I.RC. and sentenced to undergo imprisonment for life and pay a fine of Rs. 21,000/- in default of payment to further undergo 2 years simple imprisonment. 2. Briefly stated the prosecution case is that on 17.2,98 at about 12.15 P.M., P.W. 1 Tansukh iodged an oral First Information Report at Police Station, Hanumangarh Town stating inter alia that at about 8.00 or 8.30 while his wife Smt. Janki Devi was returning after answering the call of nature the appellant attacked on her and gave three repeated Churi blows causing injuries on her head, left hand and the back. He described the appellant as a person of bad character. His wife had reprimanded him of his misconduct on earlier occasions as well. His wife was taken to the Hospital where she succumbed to the injuries at about 11.30 A.M. The police registered a F.I.R. Ex.P1 for offence under Section 302 I.RC. and proceeded with investigation. The dead body was sent for the post-mortem. P.W, 10 Dr. Vijay Bhatnagar conducted the post-mortem of the dead body vide Ex.P15 noticing the following injuries ; (1) incised wound posteriorly 2" X 1/4"Xdeep upto Rt. Kidney at level of Thoracic vertibra. (2) Incised wound posteriorly 1' X 1/4" X bone deep at level of the Thoracic T11 -T12 (on mid line). (3) Incised wound (2 1/2" from vertibral column) l"Xl/4"Xdeep upto Lt. Kidney at level of Thoracic T12 posteriorly. In the opinion of the doctor the cause of death was shock and haemorrhage due to Injuries No. 1 & 3. He also opined that the Injures No. 1 & 3 were sufficient in the ordinary course of nature to cause death. All the injuries were ante mortem in nature caused by sharp edged pointed weapon During investigation the police recovered the blood stained Churi in pursuance of the information given by the appellant. After usual investigation, police laid charge-sheet against the appellant for offence under Section 302 I.RC. 3. The appellant denied the charges levelled against him and claimed trial. The prosecution adduced oral and documentary evidence in support of its case. After usual investigation, police laid charge-sheet against the appellant for offence under Section 302 I.RC. 3. The appellant denied the charges levelled against him and claimed trial. The prosecution adduced oral and documentary evidence in support of its case. The appellant denied the correctness of prosecution evidence appearing against him in his statement under Section 313 of the Code of Criminal Procedure. The trial court relying on the testimony of the eye-witnesses namely RW. 1 Tansukh, RW. 2, Mansukh, RW. 3 Krishan and RW. 11 Ram Kumar corroborated by the medical evidence and the recovery of Churi found the prosecution case proved beyond reasonable doubt. Accordingly, he convicted the appellant of offence under Section 302 I.RC. and sentenced in the manner noticed above. 4. We have heard learned counsel for the appellant and the learned Public Prosecutor. We have also perused the record. RW. 1 Tansukh is the husband of the deceased Janki Devi. He stated that on the fateful day at about 8.00 or 8.30 he came out of the house for going to answer the call of nature. His wife was returning after answering the call of nature. When she reached near the house of Sahi Ram, the appellant abruptly appeared and attacked on her. He inflicted Churi blows on various parts of her body. Her cries attracted him and his brother Mansukh, nephew Krishan and Ram Kumar. They all rushed to the spot. On seeing them the appellant took his heels and escaped from the place. His wife became unconscious on the spot. She was taken to Hospital in a Jeep, where she succumbed to the injuries. He also stated that the deceased Janki was aunt (fathers sister) of the appellant in distant relation. She had reprimanded the appellant for being in bad company and having earned a reputation of bad character. This made the appellant unhappy with the deceased. He also stated that he lodged the First Information Report of the incident vide Ex.P1. There is a lengthy cross-examination but nothing has been elicited to discredit the testimony of this witness. 5. RW. 2 Mansukh is the younger brother of P.W. 1 Tansukh. He stated that hearing the cries of his "Bhabhi" (brothers wife), he rushed to the spot. He also stated that hearing the cries his brother Tansukh, nephews Krishan and Ram Kumar also rushed to the spot. 5. RW. 2 Mansukh is the younger brother of P.W. 1 Tansukh. He stated that hearing the cries of his "Bhabhi" (brothers wife), he rushed to the spot. He also stated that hearing the cries his brother Tansukh, nephews Krishan and Ram Kumar also rushed to the spot. He further stated that the appellant was causing injuries by Churi to his deceased Bhabhi. The statements of RW. 3 Krishan and RW. 11 Ram Kumar are almost on the line of RW. 1 & RW. 2. Nothing has been elicited in their cross examination to discredit their testimony. 6. It is contended by the learned counsel that the four eye-witnesses are highly interested witnesses being the closed relatives of the deceased. It is also submitted that they could not have witnessed the incident. The learned counsel has invited our attention to the site-pian Ex.P6 and submitted that none of the eye-witnesses could have witnessed the incident. We are unable to agree with the submission of the learned counsel. All the eye-witnesses were very close to the place of incident. All the four witnesses are natural and trustworthy. On hearing the cries, they have reached to the spot. There is no reason to discredit the testimony of any of the four witnesses. The trial court rightly placed reliance on their testimony. 7. The statements of the witnesses find corroboration from the medical evidence. RW. 10 Dr. Vijay Bhatnagar has proved the post-mortem report Ex.P.15. The deceased sustained injuries by a sharp edged weapon like Churi. All the injuries were sufficient in the ordinary course of nature to cause death as opined by the doctor. As regards the recovery of Churi no reliance can be placed as the F.S.L. report has not been produced by the prosecution. Be that as it may, the prosecution has succeeded in establishing the charge against the appellant of committing the murder of Janki Devi, the appellant gave three repeated blows by a sharp edged weapon. Thus, there can be no difficulty in concluding that he inflicted the injuries on the deceased with the intention to commit murder, the trial court has rightly convicted the appellant of offence under Section 302 on the charge of murder of Mst. Janki Devi. 8. Consequently, we find no merit in the instant appeal and the same stands dismissed. The appellant is in Jail. Janki Devi. 8. Consequently, we find no merit in the instant appeal and the same stands dismissed. The appellant is in Jail. He will serve out the remaining part of the sentence.Appeal dismissed. *******