Judgment:
Mathur, J.
By the judgment impugned 21.8.2008 learned Additional Sessions Judge, Sirohi convicted the accused appellant for the offences punishable under Sections 302 and 449 Indian Penal Code and awarded sentence as under:-
u/S.302 IPC – Life Imprisonment with a fine of Rs.5000/-. Further to undergo one year's rigorous imprisonment in the event of default in payment of fine.
u/S.449 IPC – Ten years' rigorous imprisonment with a fine of Rs.3,000/-. Further to undergo six months rigorous imprisonment in the event of default in payment of fine.
The factual matrix necessary for adjudication of this appeal is that on 1.4.2008 a written report (Ex.P/1) was submitted to the Station House Officer, Police Station Kalandri by complainant Shri Oparam (PW-1) stating therein that in the morning of the same day at about 09:30 AM his real nephew Krishna son of Jagtaji came to him and after having certain usual domestic deliberations entered in the house of his another nephew Laxman. After some time he heard scream of the wife of Laxman. Son of Laxman aged about 1 -2 years also came out with severe bleeding. On entering into the room he saw that Krishna was giving indiscriminately stab injuries to Smt. Popat wife of Laxman. Krishna then ran away from the place of occurrence.
On basis of the information, a case was lodged and investigation commenced. The accused was arrested immediately thereafter and on basis of a disclosure made by him a blood stained knife was recovered. Autopsy on the body of deceased Popat was made by a board of three doctors presided by Dr. Nihal Singh Meena (PW-7). As per the postmortem report (Ex.P/23) the person of Smt. Popat was having following 13 injuries:-
1. Stab wound of size - 3.5 cm length and 1.5 cm width, present left side of thorox. It is present just adjacent to the left border of stornun in the 5th intercostal space, it is 7 cm away from left nipple medially. It is elliptical in shape, the margins at the wound are sharply cut, probe introduced upto 15 cm depth in thoracic cavity.
2. Incised wound – 2 cm x 1.5 cm x muscle deep on right lateral wall of thorox level at right nipple, it is obliquely placed and directed downward anteriorly.
3. Incised wound – 4 cm x 2 cm x muscle deep on left side of abdomen. It is present just above and outward to umbilicus, it is 3 cm away from mid line. It is elliptical in shape and direction is downward and inward.
4. Incised wound – 3 cm x 1.5 cm x muscle deep present on left side of abdomen in mid axillary line. It is 4 cm below lower rib margin, elliptical in shape and vertically placed.
5. Incised wound – 3 cm x 1.5 cm x muscle deep on left side of abdomen in anterior axillary line. It is adjacent to lower rib and vertically placed.
6. Incised wound – 3 cm x 1.5 cm x muscle deep on left side back in the post axillary line situated just below lower rib and vertically placed.
7. Incised wound – 7 cm x 2 cm x muscle deep on inner side of right elbow and upper 1/3 of right forearm.
It is directed downward medially, elliptical in shape.
8. Incised wound – 10 cm x 4 cm x muscle deep present on middle 1/3 of right thigh, anteriorly and transversely placed.
9. Incised wound – 11 cm x 2 cm x muscle deep on lower 1/3 of right thigh anteriorly. Just above knee joint and transversely placed.
10. Incised wound – 3 cm x 1 cm x muscle deep posterior aspect of lower 1/3 right forearm.
11. Incised wound – 5 cm x 0.5 cm x 0.2 cm posterior aspect of right wrist and transversely placed. All injuries from 1 to 11 are antemortem injury.
12. Abrasion (pm) – 2 cm x 2 cm exterior aspect of lower of left forearm.
13. Abrasion (pm) – 9 cm x 6 cm on posterior aspect of lower 1/3 of right leg.
The cause of death given was stab incised wound at right ventricle of heart leading to shock and death.
The knife recovered at the instance of the accused was sent to the Forensic Science Laboratory, Udaipur alongwith several other articles including the clothes worn by deceased at the time of incident for their serological examination. As per the report of the Forensic Science Laboratory (Ex.P/60) the blood stains available on the knife, clothes of the deceased and the clothes of the accused were having blood stains of “AB” group.
After completing the investigation a police report was filed before the competent court and the case was committed to the court of Sessions.
The trial court framed charges against the accused appellant for commission of the offences punishable under Sections 302, 449 and 324 Indian Penal Code. The accused denied the same and desired for trial. During the course of trial the prosecution supported its case with the aid of 11 witnesses and the other documents prepared during the course of investigation. Shri Oparam (PW-1) was cited as an eye witness, PW-2 Obaram corroborated the evidence given by PW-1 Oparam and PW-10 Shankar Singh narrated all the steps taken by the investigating agency during the course of investigation. PW-7 Dr. Nihal Singh Meena adduced the medical evidence. An opportunity was accorded to the accused appellant to explain the adverse circumstances appearing in the prosecution evidence. The accused in general termed the entire evidence false and stated that Oparam and Obaram with an intention to grab his agriculture land falsely implicated him in the case concerned.
The trial court after examining the entire evidence available on record held the accused appellant guilty for commission of offences punishable under Sections 302 and 449 Indian Penal Code.
In appeal, submission of learned Amicus Curiae Shri K.R.Bhati is that the trial court failed to appreciate that eye witness PW-1 Oparam and the corroborating witness Obaram were having vested interest and, therefore, their testimony was not reliable. It is also submitted that as per the prosecution story the incident took place at 11:30 AM and the weapon of offence was recovered at 12:45 PM, i.e. just within the period of 75 minutes. Such immediate action in effecting recovery is quite impracticable.
While opposing the appeal, learned Public Prosecutor submitted that in the instant matter the evidence available on record was sufficient to convict and sentence the accused appellant. It is asserted that deceased Smt. Popat was wife of brother of the accused and the witnesses Oparam and Obaram are his real uncles. There is no reason to disbelieve testimony of these witnesses.
Heard learned Amicus Curiae and also the learned Public Prosecutor.
The trial court convicted the accused appellant by relying upon the statements given by eye witness Oparam (PW-1), the corroborative witness Obaram (PW-2), the medical evidence available, on record, the statements given by PW-10 Shankar Singh, the Investigating Officer, and also the undisputed recovery of the knife which was having blood stains matching with the blood group of deceased Smt. Popat. PW-1 Shri Oparam in quite definite terms stated that he saw the accused giving indiscriminately stab wounds to Smt. Popat.
PW-2 Shri Obaram, though isnot an eye witness, stated that when he reached at the spot he saw Smt. Popat lying down with serious incised injuries. He also saw the accused trying to run away from the spot and at that time he was armed with a knife. The Investigating Officer stated that on receiving a telephonic message he rushed to the spot of occurrence and immediately arrested the accused and on basis of the disclosure made by him the weapon of offence was recovered.
PW-3 Shri Daulat Singh in quite unambiguous terms stated that in his presence weapon of offence was recovered by the investigating agency on basis of the information given by the accused. The weapon of offence recovered at the instance of accused was sent for its serological examination alongwith certain other articles to the Forensic Science Laboratory, Udaipur. The report of the Forensic Science Laboratory mentions that group of the blood stains available on the weapon of offence (knife) and the stains available on the clothes of the deceased as well as of the accused was same.
As such, the evidence adduced by the prosecution is quite definite and it leaves no space for having any doubt about participation and involvement of the accused in the crime in question. As such, we are of the opinion that the trial court rightly arrived at the conclusion that the accused by giving stab wounds killed Smt. Popat.
Quite half heartedly an effort is also made by learned Amicus Curiae to bring the act of the accused appellant within purview of the offence described under Section 304 part-I Indian Penal Code. We do not find any merit in the argument advanced. The person of deceased was having 13 injuries and out of those several stab wounds are on vital parts of the deceased. There is no evidence available on record to establish that the incident took place because of some immediate happening and as a consequent to spur of moment. True it is, that no definite motive is established in the instant matter, but merely on that count it cannot be said that the entire incident occurred due to some unpremeditated reasons.
Having considered all the facts of the case and the evidence available on record, we do not find any wrong with the conviction recorded and sentence awarded by the trial court. The appeal is having no merit, accordingly, the same is dismissed.