Suresh vs State Of Rajasthan

Learned State counsel has submitted that appellants No.2 and 3 have died. Thus, appeal qua appellants No.2 and 3 abates and is disposed of

accordingly qua them.

Appellant No.1 Suresh has filed the appeal challenging his conviction and sentence ordered by the Trial Court under Section 302 of Indian Penal Code,

1860 (hereinafter referred to as ""IPC"") vide judgment/order dated 13.01.1987.

Prosecution story, in brief, is that on 06.03.1984 at about 11.00 a.m., complainant alongwith his father and sister Soma had gone to get water from the

well. Father of the complainant was taking a bath near the well and complainant was taking out water from the well. In the meantime, appellant No.1

Suresh who was (2 of 5) [CRLA-60/1987] armed with a Pharsi gave a blow with it on the neck of Ram Kishan. Jagannath gave a Pharsa blow from

reverse side to Ram Kishan. As a result, Ram Kishan fell down. On hearing alarm raised by the complainant and his sister, Bhauti and Sarwati came

to the spot and rescued the complainant and Soma. Bhauti was given a Pharsa blow by Prem Chand. Dinesh and Kajodi gave a stick blow to her.

Prem Chand gave a Pharsa blow to Sarwati. Dinesh and Kajodi gave a stick blow to her. In the meantime, Babu, Doji, Ram Sahai and Lakhan came

to rescue the complainant party.

After completion of investigation and necessary formalities, challan was presented against accused Suresh, Gunti, Bhagwanaya, Kajodi, Kanhaiya,

Ghanshyam, Jagannath and Nemichand.

Charges were framed against the accused and they did not plead guilty to the charges framed against them by the Trial Court and claimed trial.

In order to prove its case during trial, prosecution examined 13 witnesses. After the close of prosecution evidence, accused when examined under

Section 313 of Code of Criminal Procedure, 1973, prayed that they were innocent and had been falsely involved in this case. Appellant No.1 Suresh

further stated that he had gone to bring his paternal aunt and was not present at the spot.

Trial Court vide judgment/order dated 13.01.1987 ordered conviction and sentence of appellant No.1 Suresh under Section 302 IPC. So far as accused

Bhagwanaya and Jagannath are concerned, they were convicted qua offence punishable under Sections 323 and 324 IPC and were granted benefit of

probation.

The remaining accused were acquitted of the charges framed against them.

Learned counsel for appellant No.1 Suresh has submitted that the said appellant was aged about 14-15 years at the time of incident. Appellant No.1

Suresh was not present at the spot at the time of incident and has been falsely involved in the case. In this regard, learned counsel has placed reliance

on statement of DW-2 Balram.

Learned State counsel has opposed the appeal. Present case relates to murder of Ram Kishan. As per postmortem examination report of the

deceased Exhibit-P-1, which has been proved by PW-1 Doctor Brijendra Singh Rathore, deceased had suffered following injuries:-

(1) A big incised would - obliquely directed 6"" X 2"" X bone deep - situated on lower part of the back and right side of the neck - cutting through all

structures right upto vertebrae.

(2) A bruise 2"" X 1"" on the right shoulder. (3) A bruise 2"" X 1"" on the right clavicular region.

As per PW-2 Maharaj Singh, PW-7 Soma and injured PW-6 Kanhaiya, appellant No.1 Suresh had given a Pharsa blow on the neck of Ram Kishan.

Thus, the ocular version is duly corroborated by medical evidence with regard to the role of appellant No.1 Suresh in the crime. As per the

postmortem examination report Exhibit-P-1, cause of death of Ram Kishan was due to profuse haemorrhage from the vessels of the neck, cut through

by injury inflicted by heavy sharp edged weapon.

Since, appellant No.1 Suresh had inflicted a Pharsa blow on the neck of the deceased, it is evident that the intention of the appellant was to commit the

murder of Ram Kishan. The injury had been inflicted with such force that it had cut the vessels of the neck which resulted in profuse haemorrhage.

There is no force in the argument raised by learned counsel for the appellants that appellant No.1 Suresh was aged 14-15 years at the time of incident.

There is no such documentary evidence on record with regard to the age of appellant No.1 Suresh to come to a conclusion that he was a minor at the

time of incident. When the statement of appellant No.1 Suresh was recorded under Section 313 Cr. P.C., he had disclosed his age as 14-15 years, but

it has been observed by the Trial Court that appellant No.1 Suresh appeared to be aged 19-20 years. In the absence of any documentary evidence or

medical evidence to establish the age of the appellant No.1 Suresh, the argument raised by learned counsel for the appellant that appellant No.1

Suresh was a minor at the time of incident, is liable to be rejected.

Appellant No.1 Suresh had taken plea of alibi at the time of recording of his statement under Section 313 Cr. P.C. and had also examined DW-2

Balram in this regard. A perusal of the cross- examination of DW-2 reveals that he had not disclosed to the police that he had witnessed the incident.

He has stated that with regard to the incident, he was deposing for the first time in the court. Accused had told him to give the statement about one

month earlier. Hence, the statement of DW-2 fails to rebut the testimony of PW-2 Maharaj Singh, PW-6 Kanhaiya and PW-7 Soma with regard to

the involvement of appellant No.1 Suresh in the crime. So far as PW-2, PW-6 and PW-7 are concerned, they have withstood the test of cross-

examination and have specifically deposed that Pharsa blow was inflicted by appellant No.1 Suresh on the neck of the deceased and the said injury

ultimately resulted in death of Ram Kishan.

Thus, in the present case, learned Trial Court rightly held that so far as appellant No.1 Suresh is concerned, prosecution had been successful in

establishing its case against him and had rightly ordered his conviction and sentence under Section 302 IPC.

No ground for interference by this court is made out. Appeal qua appellant No.1 Suresh is dismissed.