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2006 DIGILAW 493 (RAJ)

Basti Ram v. State of Rajasthan

2006-02-14

MANAK MOHTA, N.N.MATHUR

body2006
Judgment N.N. Mathur, J.-The appellant Basti Ram has been convicted of offence under Section 302, IPC, and sentenced to imprisonment for life and to pay a fine of Rs.5,000/-vide impugned Judgment dated 211.2000 passed by the Additional Sessions Judge, Nagaur. 2. The prosecution case as disclosed during the trial is that the sister of appellant Basti Ram resident of Nagaur namely Mst. Radha was married to one Babulal resident of village Alay. After two years of marriage the relations between her and the husband became strained. She left the matrimonial home and since last three years stayed with her parents at Nagaur. This led to matrimonial litigation between the parties. PW. 5 Mst. Magni the sister of Babulals father was married to Uda Ram at Nagaur. On the date of incident Babulals brothers PW. 1 Magha Ram, PW. 7 Sohan Lal and the deceased mother Rukmani arrived at Nagaur to attend the condolence function known as Ganga Prasadi on the death of Uda Ram. It is alleged that on 09.01.1998 while deceased Rukmani Devi, PW. 1 Magha Ram, PW. 7 Sohan Lal and others were at the house of PW. 5 Magni Devi the widow of Uda Ram, at about 2:00 P.M. the appellant Basti Ram entered in the house, walked in the room, where Mst. Rukmani, the mother-in-law of Mst. Radha was sitting with other ladies, dealt with knife blows on her chest, as a result of which, she died instantaneously. She was taken to the hospital, where she was declared dead. PW. 1 Magha Ram submitted a written report to the police at hospital. On the basis of the said report, police registered a case for offence under Section 302 IPC, and proceeded with investigation. The dead body was sent for the post-mortem. PW. 8 Dr. Madan Lal Choudhary conducted the post-mortem vide Exhibit P/7 and noticed the following injuries:- (1) Stab wound 2.5 cm x 1 cm x upto heart & pleural cavity. (2) Abrasion of Lt. side of chest 7 cm below from Lt. Clavicle verticle direction 1.5 cm x 0.8 cm RT side of chest just above Rt. Nipple. (3) Stabwound 4 cm x 1.5 cm x upto abdominal cavity lower to RT. clavicle - 180 cm oblique in direction. (4) Incised wound 1.8 cm x 1 cm x upto deep muscle on RT side libia mazora in upper part. Clavicle verticle direction 1.5 cm x 0.8 cm RT side of chest just above Rt. Nipple. (3) Stabwound 4 cm x 1.5 cm x upto abdominal cavity lower to RT. clavicle - 180 cm oblique in direction. (4) Incised wound 1.8 cm x 1 cm x upto deep muscle on RT side libia mazora in upper part. Fracture of 4th rib Lt side, 7th rib Rt side. In his opinion the cause of death was rupture of the heart and the vital organs. The appellant was arrested on the same day. In pursuance of the information given by him, a blood-stained knife was recovered. After usual investigation the police laid charge-sheet against the appellant for offence under Section 302, IPC. 3. The appellant pleaded not guilty to the charges levelled against him and claimed trial. The prosecution adduced oral and documentary evidence. The appellant in his statement under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. He stated that no incident had taken place in the house of Ramu Ram Meghwal. The residents of village Alay had already left before the alleged incident after the condolence ceremonies were over. On the way some body might have stabbed Rukmani Devi. He also stated that on the same day his sister Radha committed suicide because of the misbehavior of her in-laws. He was falsely implicated by sons of Rukmani Devi. He also stated that his sister Radha was married to deceased Rukmanis son namely Babulal. A petition for dissolution of the marriage by way of decree for divorce between Babulal and Radha was pending before the civil Court. Babulal had visited Nagaur to attend the condolence function. He also stated that because of the utterances made by Babulal on the occasion, his sister Mst. Radha finished her life by committing suicide. The trial Court having found the prosecution case proved convicted and sentenced the appellant in the manner stated above. 4. Assailing the conviction Mr. Doongar Singh learned Counsel has made two fold submissions. Firstly, it is submitted that the alleged eye-witnesses are not creditworthy and the incident had not taken place in the manner alleged by the prosecution. In alternate, it is submitted that appellant stabbed the deceased in a grave and sudden provocation. Thus, the offence does not travel beyond Section 304 Part II IPC. Firstly, it is submitted that the alleged eye-witnesses are not creditworthy and the incident had not taken place in the manner alleged by the prosecution. In alternate, it is submitted that appellant stabbed the deceased in a grave and sudden provocation. Thus, the offence does not travel beyond Section 304 Part II IPC. On the other hand the learned Public Prosecutor has supported the Judgment of the learned trial Court. 5. We have carefully scrutinized and evaluated the prosecution evidence and considered the rival contentions. The entire case rests on the testimony of the eye-witnesses PW . 1 Magha Ram, PW . 2 Sukha Ram, PW . 3 Pema Ram, PW . 5 Magni Devi and PW . 7 Sohan Lal corroborated by the medical evidence and the recovery of blood-stained knife. It would be convenient to briefly survey the prosecution evidence, before, we proceed to deal with the contentions advanced by the learned Counsel for the parties. 6. PW. 1 Magha Ram is the son of deceased Rukmani. He stated that he alongwith his mother deceased Rukmani Devi, PW. 7 Sohan Lal, uncle PW. 2 Sukha Ram and another uncle PW. 3 Pema Ram had visited the house of PW. 6 Ramu Ram for attending the condolence meeting. While they were sitting, the appellant Basti Ram entered in the house from the main gate carrying a knife in his hand. He gave a call to the people of village Alay. He entered in the room, where his mother Rukmani was sitting with other ladies and gave 3-4 knife blows on her chest. On their intervention the appellant threatened them of dire consequences. The appellant went out of the house carrying the blood-stained knife in his hand. He also stated that the appellants sister was married to his brother Babulal. The appellant was not happy with them because of the hostile relations between Babulal and his wife. His mother was taken to the hospital, where she was declared dead by the doctors. 7. PW. 2 Sukha Ram stated that he had gone to Nagaur to attend the condolence meeting on the death of his sisters husband namely Uda Ram. While he was sitting in the compound of the house the appellant entered and went inside the room and stabbed his brothers wife Mst. Rukmani. She was taken to the hospital, where she succumbed to the injuries. The statement of PW. While he was sitting in the compound of the house the appellant entered and went inside the room and stabbed his brothers wife Mst. Rukmani. She was taken to the hospital, where she succumbed to the injuries. The statement of PW. 3 Pema Ram is almost on the same line. PW. 5 Magni Devi is the widow of Uda Ram. She stated that on the death of her husband her brothers and others from Village Alay had arrived at her house to attend the condolence meeting. At about 2:00 PM while the deceased Rukmani was sitting in the room by her side, alongwith 2-3 more ladies, the appellant entered in the room and stabbed Mst. Rukmani. Seeing the incident she became unconscious. PW. 7 Sohanlal is the brother of PW. 1 Magha Ram. His statement is almost on the line of statement of PW. 1 Magha Ram. PW. 6 Ramu Ram is the son of Uda Ram. He stated that people had collected at his residence on the death of his father. At the time of incident he had gone out to answer the call of the nature. When he returned, he found his maternal aunt Rukmani Devi lying dead. He was told that she was being killed by the appellant. PW. 4 Prabhu Singh stated that his jeep was hired by Sohanlal. He had parked his jeep outside the house. He heard cries from inside the house "Mar Diya" - "Mar Diya". He saw the accused Basti Ram coming out of the house carrying a knife in his hand. He also stated that the knife carried by Basti Ram was bloodstained. 8. It is contended by the learned Counsel that none of the eye-witnesses are trustworthy as they have suppressed the genesis of the case. It is submitted that no blood was found inside the room of the house. This clearly shows that the incident has not taken place in the room as stated by the witnesses of the occurrence produced by the prosecution. The learned Counsel invited our attention to the cross-examination of PW. 1 Magha Ram, wherein he gave an evasive reply to the effect that he was not aware if there was blood on the floor of the room. He also pleaded ignorance as to the presence of the blood in the chowk. He, however, admitted that the blood was covered by sand in the chowk. 1 Magha Ram, wherein he gave an evasive reply to the effect that he was not aware if there was blood on the floor of the room. He also pleaded ignorance as to the presence of the blood in the chowk. He, however, admitted that the blood was covered by sand in the chowk. The learned Counsel also invited our attention to a portion of the cross- examination, wherein he could not exactly show the place of the presence of the blood. Similarly PW. 3 Pema Ram in the cross-examination gave an evasive reply as to the presence of the blood in the room. The learned Counsel has also invited our attention to the statement of the Investigating Officer PW. 9 Jeevan Singh, wherein he admitted that in the Exhibit P.4 and P.9 he did not find the presence of blood in the house of Khuma Ram. 9. On careful consideration of the contentions raised by the learned Counsel, we are of the view that there is no substance in the criticism. It has been admitted by the witnesses that the blood was found in the chowk and it was covered by sand. It has been stated that as soon as the injury was caused to deceased Rukmani, the injury was covered by a scarf and she was taken out in the chowk. The another criticism is with respect to the number of injuries. The learned Counsel has pointed out variation in the statements of the witnesses as to number of knife blows dealt with by the appellant. While PW . 1 Magha Ram stated that appellant dealt with three knife blows, the other witnesses attributed single blow. As per the post-mortem report, there were three injuries caused by sharp edged weapon on the person of deceased. We have carefully read the statements of witnesses of the occurrence. The narration of the witnesses as the incident is that appellant stabbed deceased by knife. This statement is not directed as to the number of blows. It is of course true that PW . 1 Magha Ram has stated that appellant dealt with three knife blows. The discrepancy is of minor nature. It does not destroy the prosecution case. The another discrepancy which the learned Counsel has pointed out is as to the number of ladies present in the room. The consistent evidence is that there were 2-3 ladies. 1 Magha Ram has stated that appellant dealt with three knife blows. The discrepancy is of minor nature. It does not destroy the prosecution case. The another discrepancy which the learned Counsel has pointed out is as to the number of ladies present in the room. The consistent evidence is that there were 2-3 ladies. If there is some discrepancy as to the exact number of ladies, it is only of a minor nature. It is well settled that the testimony of the witnesses of the occurrence cannot be discarded only because of the minor discrepancies here or there. On careful consideration of the entire matter, we are of the view that the witnesses of the occurrence produced by the prosecution are natural and there is no reason to discredit their testimony. 10. The appellant was arrested vide Exhibit-P/11 on the same day. In pursuance of the information given by him vide Exhibit P/10 a bloodstained knife was recovered vide Exhibit-P/12. As per the FSL Report Exhibit-P/18 the knife has been found to be stained with human blood. The FSL Report Exhibit-P/18 shows that the presence of blood on knife as well as on clothes of the deceased are of the same group. The appellant has not chalenged the link evidence. The recovery of weapon of offence namely knife, stained with human blood of the same group of is strong incriminating circumstance against the appellant, providing corroboration to the testimony of the witnesses of occurrence. Thus on consideration of the entire evidence on record, we hold that prosecution has succeeded beyond any manner of doubt the case set up against the appellant. 11. In alternate, it is submitted by the learned Counsel that the act of the appellant falls in the category of grave and sudden provocation, as such he is entitled to protection of exception to Section 300. It is pointed out that on the same day the sister of the appellant namely Mst. Radha had committed suicide being tired of the ill-treatment given by her deceased mother-in-law and other members of the family. We are unable to agree with the submission of the learned Counsel. At the first instance there is no evidence in this regard. Secondly the doctrine of provocation depends on the fact that it may cause a sudden temporary loss of self control. There was sufficient time for the appellant to cool down. We are unable to agree with the submission of the learned Counsel. At the first instance there is no evidence in this regard. Secondly the doctrine of provocation depends on the fact that it may cause a sudden temporary loss of self control. There was sufficient time for the appellant to cool down. The plea raised is rejected. 12. Consequently, the appeal being devoid of merit stands dismissed. The appellant is in Jail. He will serve out the remaining part of the sentence.