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2015 DIGILAW 2015 (RAJ)

Mana Ram v. The State of Rajasthan

2015-12-04

GOVIND MATHUR, JAISHREE THAKUR

body2015
JUDGMENT 1. - To challenge the correctness of the judgment dated 17.3.2007 whereby the learned Addl. Sessions Judge (Fast Track), Jalore has sentenced the appellant accused for life imprisonment under Section 302, Indian Penal Code along with a fine of Rs. 1,000/- and, in default of payment of fine, to further undergo one year's rigorous imprisonment, the present appeal has been filed by the appellant through jail. 2. Brief facts are that the appellant accused Mana Ram was married to deceased Smt. Sugi about 20 years prior to the date of incident. Mana Ram was in the regular habit of consuming liquor and beating his wife thereafter. Two brothers of Smt. Sugi, namely, Bhura Ram and Kana Ram went to visit Mana Ram and their sister on 13.11.2006 and also to advise him not to illtreat their sister. Mana Ram assured the two brothers that in future he would not do so. Thereafter, both Kana Ram and Bhura Ram spent the night in the house of the Sarpanch of the village Shri Chamna Ram. On 14.11.2006, the next day itself, around 7.00 a.m. in the morning, they heard loud voices and abuses coming from the direction of the Mana Ram/Smt. Sugi's house. On hearing the voices, both Kana Ram and Bhura Ram ran towards the house of the deceased. On reaching there, they saw that Mana Ram was sharpening his axe and immediately thereafter, he inflicted an axe injury on the neck of Smt. Sugi. On receiving the axe injury on the neck, Smt. Sugi fell down and a second injury was inflicted upon below the ear of the deceased while she was still lying on the ground. After inflicting injuries, the appellant accused escaped. 3. The police was immediately informed who arrived at the scene and prepared a report. The report is Ex.P.1 on the record. The police prepared the site plan, took samples of mud, prepared Panchnama of the dead body, prepared memo of description of dead body. The appellant accused was arrested thereafter. Due procedure was followed and after completing the investigation a police report as per Section 173 Code of Criminal Procedure was filed before the court of learned Judicial Magistrate who committed the case to the court of Sessions being sessions triable. 4. The appellant accused was arrested thereafter. Due procedure was followed and after completing the investigation a police report as per Section 173 Code of Criminal Procedure was filed before the court of learned Judicial Magistrate who committed the case to the court of Sessions being sessions triable. 4. The Sessions court framed a charge against the appellant accused for commission of the offences punishable under Sections 302 of the Indian Penal Code. On denial of the same trial commenced as desired. 5. The prosecution examined PW-1 Chamna Ram, PW-2 Dhuka Ram, PW-3 Bhura Ram, PW-4 Kana Ram, PW-5 Chimna Ram, PW-6 Dr. Ghanshyam Tripati, PW-7 Girwar Singh, PW-8 Goba Ram, PW-9 Kamla, PW-10 Mahendra Singh and PW-11 Bhagwati Singh, in support of its case and also produced 32 exhibits on the record. The statement of accused was recorded under Section 313, Code of Criminal Procedure, who denied the charged levelled against him. He did not choose to produce any evidence in his defense. 5. The learned Sessions Judge, while looking into the evidence produced by the prosecution, came to the conclusion that appellant accused Mana Ram was guilty of committing murder of his wife Smt. Sugi, thus convicted him under Section 302, Indian Penal Code and sentenced him to life imprisonment with a fine of Rs. 1,000 and, in default of payment of fine, one year's rigorous imprisonment was imposed upon the accused. 6. In appeal, it is contented that the deceased and Mana Ram were having a fight over the illicit relationship of the deceased with one Sh. Girdhari Meena and it was during the argument the deceased fell on the axe and injured herself which resulted in her death. The learned counsel has further argued that the weapon of offence, namely, axe was not recovered from the site in question. 7. On the other hand, learned Public Prosecutor Mr. C.S. Ojha, pointed out that detailing of entire incident by the Investigating Officer, the medical evidence available on record, blood stained clothing of the deceased, blood stained clothing of the accused, blood stained axe, the FSL report and the statement given by the eye witnesses, the attesting witnesses. 8. Heard learned counsel for the appellant and the learned Public Prosecutor. We have gone through the pleadings of the case and perused the entire record. 9. 8. Heard learned counsel for the appellant and the learned Public Prosecutor. We have gone through the pleadings of the case and perused the entire record. 9. The two eye-witnesses, namely, Bhura Ram and Kana Ram in no uncertain terms have stated that the appellant accused Mana Ram was in the habit of consuming liquor and thereafter ill-treating/beating his wife Smt. Sugi. PW-3 Bhura Ram has in categorical terms stated that he was present and saw accused Mana Ram sharpening the axe upon a stone and immediately thereafter hitting Smt. Sugi on the neck with it. Smt. Sugi fell down on receiving injury on the neck. The second injury was inflicted by accused Mana Ram below the ear while she was on the ground. Bhuru Ram confirmed the report Ex.P.1 prepared by the police as well as the factum of the site plan being prepared. PW-3 also confirmed the fact of lifting of blood stained soil. It was further stated that the police removed the blood stained clothes of Smt. Sugi and took the same in their possession. The blood stained axe was also taken into possession by the police. In cross-examination it has been confirmed that the appellant accused Mana Ram was suspicious about the character of Smt. Sugi but denied that Smt. Sugi had any illicit relationship with a person by the name of Girdhari Meena. 10. Similar is the statement made by PW-4 Kana Ram, who is the real brother of Smt. Sugi. 11. PW-5 Chimna Ram, Sarpanch of the village is the attesting witness of memos of Panchnama of dead body, description of dead body and removal of blood stained soil. He also confirmed the removal of blood stained clothes from appellant accused Mana Ram. 12. The official witnesses have confirmed the sealing of the packets containing blood stained clothes, blood stained axe, control soil, blood stained soil and depositing them in the malkhana and then sending them to the Forensic Science Laboratory at Jodhpur. 13. Thus the argument raised by the learned counsel for the appellant that Smt. Sugi fell down on the axe and had injured herself, is devoid of any merit. The Post-mortem Report Ex.P. 2 shows that the cause of death in the opinion of the Medical Board to be due to shock excessive bleeding and spinal injury. 13. Thus the argument raised by the learned counsel for the appellant that Smt. Sugi fell down on the axe and had injured herself, is devoid of any merit. The Post-mortem Report Ex.P. 2 shows that the cause of death in the opinion of the Medical Board to be due to shock excessive bleeding and spinal injury. A perusal of the Post-mortem Report (Ex.P.2) reveals that the deceased received the following injuries:- "1. Incised wound- 10 cm x 6 cm x deep upto bone on left side of neck. The wound is deep cutting subcutaneous tissues, muscles, tendons, esophagus, trachea and vertebral columns at C5 level. All vessels cut. 2. Incised wound- 15 cm x 6 cm x deep upto bone on Rt. Side of face. The wound is deep cutting subcutaneous tissues, muscles, tendons, maxillary bone of Rt side, mandible bone of Rt. Side, Rt. ear cut through in two parts, pieces of maxillary bones present in wound. All vessels cut in would. Oral cavity opened." Apart from the description of the injuries, the Post Mortem report shows that "the spinal cord was cut complete at C5 vertebra"; Larynx and Trachea "cut though at center of neck"; Mouth Larynx and esophagus - "esophagus cut through at center " mouth cavity opened from right side of face". The Postmortem Report was put to Dr. Ghanshyam Tripathi (PW-6), who has stepped into the witness-box and confirmed the same. In the opinion of the doctor it is not possible to sustain such injuries by falling on a sharp weapon. In our opinion, even for the sake of argument, if it is taken that she had fallen on the axe, the nature of injuries received cannot be explained. 14. Apart from the fact that the two eye witnesses have given a positive statement about the appellant accused striking the deceased on the neck with an axe and again striking her on her below the ear, the injuries reflected in the post-mortem report are corresponding. The SFL report Ex P 32 which was duly exhibited shows the presence of human blood having a blood group of AB+ on the axe, the blood stained soil, clothes of the deceased (Kurti), clothes of the appellant accused (shirt). The SFL report Ex P 32 which was duly exhibited shows the presence of human blood having a blood group of AB+ on the axe, the blood stained soil, clothes of the deceased (Kurti), clothes of the appellant accused (shirt). There is no explanation forthcoming how the blood of the deceased was found on the clothes of the appellant accused leading to the inescapable conclusion that the appellant accused is guilty of committing an offence punishable under Section 302 Indian Penal Code. 15. Looking at the totality of the circumstances and the positive statements given by two eye-witnesses and the evidence adduced by the prosecution, the learned Sessions Judge rightly came to hold that the death was caused by appellant accused Mana Ram. The finding arrived by the trial court, thus, does not suffer from any wrong. 16. Accordingly, the appeal is dismissed while affirming conviction and the sentence awarded.Appeal dismissed. *******