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2019 Supreme(Raj) 1956
IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta and Abhay Chaturvedi, JJ.
Narendra Singh @ Mukesh @ Bhura - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 55 of 2014
Decided On : 04-10-2019
Iqbal Sherani, Advocate, Insaff Khan, Advocate
Headnote:
Indian Panel Code,1860 - Sections 302 and 324 – Criminal Procedure Code,1973 - Section 374(2) - Conviction - Fast Track - Telephonic message regarding - Convicts in barracks - Appellant herein has been convicted and sentenced as below vide judgment appellant was serving life imprisonment in another case upon having been convicted and sentenced by the learned Additional Sessions Judge and was lodged at Central Jail Jodhpur on day of incident - At about 6 pm routine process of locking up the convicts in the barracks was underway and was being supervised by Acting Superintendent Central Jail Jodhpur along with Bharat Jailor Assistant Jailor Acting Chief Guard and other on duty guards – Held, Counsel representing accused did not even raise any argument regarding link evidence produced by prosecution to prove that all blood stained samples and articles remained in an intact condition from date of seizure till they reached FSL but despite that court have minutely and thoroughly examined testimony of concerned witnesses regarding safe-keeping and transit of these articles and find that they have given clinching cogent and convincing evidence establishing fact that control and blood stained articles were seized and sealed during investigation - They were deposited in FSL in an unhampered condition - There is proper proof of fact that all these articles were received at FSL in self same sealed condition in which they were deposited in Maalkhana - At FSL these articles were analyzed and a report dated was issued establishing presence of B Group Human Blood on all these articles – Appeal Dismissed
JUDGMENT
Sandeep Mehta, J. - The appellant herein has been convicted and sentenced as below vide judgment dated 19.12.2013 passed by the learned Sessions Judge, Jodhpur Metro, in Sessions Case No.24/2012:
| Offence | Under Section Sentences | Fine | Fine Default sentence |
| 302 IPC | Life Imprisonment which shall extend to the remainder of his life. | Rs.50,000/ | 1 Year's R.I. |
2. Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C.
3. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:-
4. The appellant was serving life imprisonment in another case, upon having been convicted and sentenced by the learned Additional Sessions Judge (Fast Track) No.2, Jaipur and was lodged at the Central Jail, Jodhpur on the day of the incident i.e. 18.09.2010. At about 6 pm., the routine process of locking up the convicts in the barracks was underway and was being supervised by Shri Ashok Upadhyay, Acting Superintendent, Central Jail Jodhpur alongwith Shri Bharat Bhushan Bhatt, Jailor; Omprakash, Assistant Jailor; Jora Ram, Jail Guard; Gordhan Lal Meena, Acting Chief Guard; and other on duty guards. Shri Ashok Upadhyay and Shri Bharat Bhushan Bhatt were sitting on chairs laid beside the fountain near the jail kitchen. The time was around 06.15 pm. The prisoners of Barrack Nos.2,3, 4, 5, 6, 7 and 11 had been sent back to their respective cells. The prisoners of Barrack No.8A were being counted and were being sent inside their barrack. It is alleged that at that time, suddenly, the appellant herein, who was assigned the Barrack No.9, came shouting and running from the Barrack No.4 towards the Jailor Bharat Bhushan Bhatt while he was sitting near the fountain and he stabbed him on the neck by a knife from behind. Blood started erupting from Bharat Bhushan Bhatt's neck and drenched his clothes. On seeing the ghastly assault, Ashok Upadhyay raised a hue and cry on which, the Assistant Jailor Shri Omprakash and the Jail Guards Joraram, Gordhan Lal, Bhagwana Ram and Yogesh Kumar came rushing. The assailant prisoner, Narendra Singh @ Mukesh @ Bhura, ran away towards the Barrack No.9. The jail staff including Shri Ashok Upadhyay, picked up and brought Bharat Bhushan Bhatt towards the main gate of the Jail and sent him to the Emergency Unit of Mahatma Gandhi Hospital, Jodhpur in the jail ambulance. Shri Bharat Bhushan Bhatt expired while undergoing treatment. The convict Narendra Singh had been warned by Shri Bharat Bhushan Bhatt on numerous occasions for not doing the assigned work and for not going to the jail industry and thus, he was bearing an illwill towards Shri Bharat Bhushan Bhatt. He often used to say that he was a Jat of U.P. and he could not be made to do jail duty as it was demeaning to him. Owing to this, squabbles had taken place between Shri Bharat Bhushan Bhatt and Narendra Singh on a number of occasions.
5. Shri Ashok Upadhyay (PW-1) submitted a typed report (Ex.P/1) with these allegations at 08.30 pm. to the SHO, Police Station Ratanada who had arrived at the place of incident (Central Jail, Jodhpur). On the basis of this report, an FIR No.222/2010 (Ex.P/71) came to be registered against the appellant herein at the Police Station Ratanada for the offences under Sections 302 and 324 IPC and investigation was commenced.
6. Before lodging of this formal report, the SHO Shri Tara Chand (PW-30) had already received a telephonic message regarding the untoward incident from the Central Jail, Jodhpur and he immediately rushed to the Emergency Ward of the Mahatma Gandhi Hospital, Jodhpur where, Shri Bharat Bhushan Bhatt had been admitted for treatment. The SHO then proceeded to the Jail where, he made the requisite entry and entered the premises. Thereafter, he telephonically informed his superior officers about the serious incident. The photo
