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2011 DIGILAW 819 (RAJ)

Nand Ram @ Nand Lal v. State of Rajasthan

2011-04-26

C.M.TOTLA, GOVIND MATHUR

body2011
JUDGMENT 1. - By the judgment impugned dated 15.9.2010, learned Additional Sessions Judge, Anupgarh convicted the accused appellant for the offences punishable under Sections 302 and 341 Indian Penal Code and sentenced as under:- U/s. 302 IPC Imprisonment for Life alongwith fine of Rs. 1000/- and in default of payment of fine further to undergo three months rigorous imprisonment. U/s. 341 IPC One month's simple imprisonment. 2. The factual matrix necessary to be noticed for adjudication of present appeal is that a statement of Smt. Sona (deceased) was recorded by Shri Narendra Singh, Sub Inspector of Police, Police Station Anupgarh at PBM Hospital, Bikaner on 8.8.2007, wherein she stated that she married to Nand Ram (accused) nearly about 4= years back and she had no problem with her husband. On 4.8.2007 about 10:00 AM Nand Ram came for lunch. At that time Deva Ram, her uncle-in-law came and on his demand she gave him ghee and vegetables. Nand Ram did not like that, thus, advised her not to accede the demands of uncle. 3. Sona then stated that she could not refuse to give such things and, if Nand Ram is having any objection then he may tell accordingly to his uncle. Being annoyed with it, Nand Ram gave two panchs to Sona, one below her neck and another on her back, consequent to which she fell down with pain. On receiving information about the pain suffered by Sona, her parents came and took Sona to their village. At first instance she was examined by a private doctor in village and then next day by some other doctor at a private hospital at Ghadsana, a nearby town. Sona then was referred for further treatment to PBM Hospital, Bikaner. 4. On basis of the statements aforesaid (Ex.P/9), a first information report was lodged and investigation was initiated for the offences punishable under Sections 323 and 341 Indian Penal Code. During the course of treatment and investigation Sona died on 10.8.2007, thus, investigation was also made for the offence punishable under Section 302 Indian Penal Code. Suffice to note that the statement Ex.P/9 was recorded by the police being called by the Hospital authorities. 5. After making necessary investigation a police report as per provisions of Section 173 Cr.P.C. was filed before the competent court. Suffice to note that the statement Ex.P/9 was recorded by the police being called by the Hospital authorities. 5. After making necessary investigation a police report as per provisions of Section 173 Cr.P.C. was filed before the competent court. The case was committed to the court of Sessions and the charges for commission of the offences punishable under Sections 302 and 341 Indian Penal Code were framed. On denial of the charges regular trial was conducted. 6. The prosecution produced 18 witnesses and 36 documents to substantiate the charges. An opportunity was also given to the accused appellant as per provisions of Section 313 Cr.P.C. to explain his conduct regarding adverse circumstances available in the evidence adduced by the prosecution. The accused appellant denied the allegations and tried to explain the same with assertion that his in-laws made false statements due to vengeance. The trial court after examining the entire material available on record held the accused appellant guilty for commission of offences punishable under Sections 302 and 341 Indian Penal Code, accordingly the conviction was recorded and sentence was awarded. 7. In appeal, it is argued that even by accepting whatever evidence adduced by the prosecution no case is made out for the offences punishable under Sections 302 and 341 Indian Penal Code. It is urged that even by accepting the statement given by Sona as recorded in document Ex.P/9, the accused appellant could have not been convicted for the offence punishable under Section 302 Indian Penal Code. 8. Per contra, stand of learned Public Prosecutor is that the grievous hurt given by the accused appellant resulted into death of Smt. Sona, therefore, the trial court rightly recorded the conviction and awarded the sentence. 9. Heard counsel for the parties. 10. The entire case of the prosecution is based on the document Ex.P/9, the statement given by Sona to the Investigating Officer at PBM Hospital, Bikaner on 8.8.2007. In the statement aforesaid deceased Sona stated that she was having no problem with her husband and they both were living satisfactorily after their marriage, that took place about 4= years earlier. As per document Ex.P/9, on 4.8.2007 accused appellant became annoyed with Sona as she did not accept her advise for not giving vegetables and ghee to her uncle-in-law, thus, gave two panchs, one just below her neck and another on her back. As per document Ex.P/9, on 4.8.2007 accused appellant became annoyed with Sona as she did not accept her advise for not giving vegetables and ghee to her uncle-in-law, thus, gave two panchs, one just below her neck and another on her back. An information then was given by the accused to the parents of Sona and on receiving such information they came and took Sona to their own village. At the first instance treatment was given to Smt. Sona by some private doctor at their village and then at Ghadsana. From Ghadsana, on 8.8.2007 she was taken to PBM Hospital, Bikaner where her statement (Ex.P/9) was recorded. Smt. Sona then died on 10.8.2007. Whatever facts stated in Ex.P/9 are verified by PW-7 Ramlal (father of Sona) and PW-8 Savitri (mother of deceased Sona). 11. The cause of death, as verified by PW-15 Dr. Madhav Singh Sharma, who conducted autopsy on the person of deceased Smt. Sona, was shock due to spinal cord injury which was antemortem and sufficient to cause death in ordinary course of nature. PW-15 Dr. Madhav Singh Sharma also stated that the injury suffered by the deceased may be received because of jerks and falling on hard floor. 12. The evidence adduced by the prosecution nowhere discloses that the accused appellant in any manner was intending to cause death of Smt. Sona. As per the evidence available on record the accused on being annoyed gave two injuries by his hand and those ultimately resulted into death of Smt. Sona. The intention of the accused appears to hurt his wife, but in no manner he was having any intention or motive to kill her. The hurt made is certainly grievous one, thus, the offence committed by the accused does not travel beyond an offence described under Section 325 Indian Penal Code. 13. As such, the conviction recorded by the trial court for the offences punishable under Sections 302 and 341 Indian Penal Code is absolutely erroneous. The findings recorded by the trial court, thus, are bad and, therefore, the same are hereby quashed.The appellant on consideration of the evidence available is convicted for the offence punishable under Section 325 Indian Penal Code, accordingly he is sentenced to undergo rigorous imprisonment for a term of four years with a fine of Rs. 5000/-. The findings recorded by the trial court, thus, are bad and, therefore, the same are hereby quashed.The appellant on consideration of the evidence available is convicted for the offence punishable under Section 325 Indian Penal Code, accordingly he is sentenced to undergo rigorous imprisonment for a term of four years with a fine of Rs. 5000/-. In default of payment of fine he shall be liable further to undergo two months simple imprisonment.Accordingly, the appeal is allowed in part.Appeal partly allowed. *******