Judgment:
Govind Mathur, J.
1. By the judgment dated 14.7.2003, learned Sessions Judge, Jaisalmer convicted the appellant for the offences punishable under Section 302 IPC and 4/25 of the Arms Act and sentenced as under:
Section 302 IPC - Imprisonment for life and a fine of Rs. 1000/-, in default to further undergo six months' rigorous imprisonment.
Section 4/25 of the Arms Act - Two years' rigorous imprisonment and a fine of Rs. 500/-, in default to further undergo six months' rigorous imprisonment.
Both the sentences have been directed to run concurrently.
2. The case of the prosecution is that on 12.10.2002, the Station House Officer, Police Station Kotwali, Jaisalmer received a telephonic information from Allah Bux that one Sattar has committed murder of one Iliyas by cutting his throat by a knife. The Station House Officer with other police officials immediately rushed to the spot of occurrence, where a First Information Report was lodged at the instance of Smt. Lehra, mother of deceased Iliyas, a boy of eight years.
3. As per First Information Report Ex-P/3, in the morning of 12th October, 2002, Sattar Khan (present accused) came to the informant's house and called her eight years old son Iliyas with an offer to provide him some sweets. Few minutes later, informent heard cries of Iliyas, thus she alongwith her mother- in-law rushed towards the house of Sattar, where they found that Sattar was cutting the throat of Iliyas by a knife. On seeing the ladies, the accused ran away from the spot.
4. On the basis of information aforesaid, a case was lodged, regular investigation was made, charge-sheet was filed, case was committed to the Court of Sessions and charges were framed against the accused-appellant for commission of offences punishable under Section 302 IPC and 4/25 of the Arms Act. The accused denied the charges, thus he was tried.
5. The prosecution supported its case with the aid of 16 witnesses (PW-1 to PW-16) and 25 documents (Ex.-P/1 to Ex.- P/25). An opportunity was given to the accused-appellant as per provisions of Section 313 Cr.P.C. to explain the circumstances appearing against him in the evidence adduced by the prosecution, wherein he denied all the charges. He also stated that some complaint was made by his father regarding death of his grand-son and therefore, the complainant falsely implicated him in a criminal case. As per accused, police stained his clothes with blood at subsequent stage. In defence, statement of Alam Khan (Ex.-D/1) and statement of Allah Bux (Ex. -D/2) recorded during the course of investigation were exhibited. After considering the evidence available, learned trial court held the accused-appellant guilty for the charges alleged and sentenced accordingly.
6. While assailing the conviction recorded and sentence awarded, the arguments advanced is that the recovery of a knife was made from an open place accessible to all, as such, no reliance could have been placed on that to hold the accused guilty. It is also contended that as per PW-11 Fakire Khan, the accused was arrested even prior to lodging of First Information Report and that makes the entire prosecution case doubtful.
7. We have considered the arguments advanced and also scrutinised the entire record.
8. PW-5 Dr. R.P. Garg conducted autopsy on body of the deceased Iliyas, thus he proved the postmortem report Ex.-P/2 dated 12.10.2002. As per Ex.-P/2, the cause of death was shock caused by cut throat anti-mortem injury No. 1. In view of anti-mortem injury suffered by the deceased and cause of death given under the medical evidence, there is no doubt about culpable homicide of Iliyas.
9. PW-3 Allah Bux in quite straight term stated that Sattar Khan came to him and stated that he has cut throat of Iliyas. This witness then immediately rushed to the spot and found Iliyas with an injury of cutting at throat.
10. PW-9 Smt. Lehra in a very definite term stated that Sattar Khan, who was residing at a house adjacent to her house came on the day of occurrence when she was brooming. Sattar Khan called Iliyas and told to providing sweets. Iliyas went with Sattar Khan to his house and just after few minutes this witness heard cries of Iliyas. On rushing to the house of Sattar Khan with Smt. Sarifa (PW-10), this witness saw the accused Sattar Khan cutting throat of Iliyas by a knife.
11. PW-10 Smt. Sarifa also supported the prosecution case by stating that she, Smt. Lehra (PW-9), after hearing cries of Iliyas rushed to the house of Sattar Khan where they found Sattar Khan, cutting throat of Iliyas by a knife. Both the ladies aforesaid are eye-witnesses of the incident and there is no reason to disbelieve them.
12. Ex.-P/15 is the information given by the accused relating to the weapon of offence that was recovered as per Ex.-P/16. The weapon of offence was having blood stains and as per Ex.-P/24, the Forensic Science Laboratory Report, the blood stains available on the knife matched with the blood stains available on shirt and paint worn by the deceased Iliyas.
13. In view of the evidence discussed above, we do not find any shadow of doubt regarding the findings arrived at by the trial court. The commission of offence by the present accused- appellant is established beyond any reasonable doubt. Thus, the trial court rightly convicted and sentenced him as per the judgment impugned. The appeal is dismissed accordingly.