JUDGMENT
P.P. Naolekar, J.
1. The accused-appellant Manji was charged alongwith two other accused persons Pariya and Parthiya Under Section 302 read with Section 302/34 I.P.C. and Section 394 I.P.C., for committing the murder of Smt. Vaktu and for robbery of properties of Smt. Vaktu and Smt. Lali (silver hansli from Smt. Vaktu and silver tagli from Smt. Lali). The appellant was convicted Under Section 302 I.P.C., for life and Rs. 50/- fine and in default, one month’s rigorous imprisonment and Under Section 304 I.P.C., for seven years’ rigorous imprisonment and fine of Rs. 50/- and in default, one month’s rigorous imprisonment to be run concurrently by the Sessions Judge, Udaipur, by his judgment dated 30-8-86, against which the present appeal is filed.
2. The Prosecution case in short is that on 9-7-84 Smt. Kalki PW I, Smt. Lali PW 2, Thawara PW 3 and deceased Smt. Vaktu were returning for their village from the field. When they reached near first turning on Jaisamand Gawadi Road, three persons came from behind and relieved Smt. Vaktu of her silver hansli and Smt. Lali of her silver tagli. The ladies resisted and the three accused persons had given beating to them. The accused-appellant Manji inflicted a knife injury on Smt. Vaktu on the neck, as a result thereof, she had succumbed to the injury. Thereafter all the three accused persons ran away from the spot. After investigation, the police had arrested them on 2-8-84.
3. It is contended by the counsel for the appellant that the accused-appellant Manji has been falsely implicated. The identification parade conducted cannot be relied upon as the accused persons were shown to the witnesses prior to identification.
4. The prosecution has relied on three eyewitnesses to prove the incident and the other evidence of recovery. PW. I examined by the prosecution as eye witness Smt. Kalki has deposed that in the month of Asadh, she alongwith Lali, Thawara and Vaktu were returning back in the evening for their village from the fields. When they reached ghoda dake, three persons reached the spot from behind. One of them had snatched tagli from her mother-in-law and pushed her and she fell down. She tried to intervene and she was hit by stones and she had received injuries. The man who had snatched tagli had inflicted knife injury to Vaktu. The other persons snatched away hansli of Vaktu and thereafter all the three persons ran away from the spot. She had identified the appellant Manji as the person who had taken tagli and the person who had inflicted injury to Vaktu. She had stated that she was called for identifying the accused persons and she had identified the accused persons. In the cross examination, she had stated that in Salumber, police had enquired from her whether these are the persons and she had said yes. She had also said that Thawara had not seen the incident and he had not identified the ornaments. PW 2 Smt. Lali has stated that while they were returning back to their house, three persons came from behind and stopped them. Manji the appellant had snatched tagli from her and pushed her as a result, she fell down. While taking out tagli, scuffle took place. Kalki came to rescue her but she was also thrown by Manji and thereafter he took out tagli. Manji had inflicted knife injury on Vaktu’s neck. She had gone for identification of the ornaments at Salumber and she had also gone for identification of the accused persons at Salumber and she had identified all the three accused persons. Apart from her, Thawara and Kalki had also gone for identification of the accused. She had also identified the ornaments tagli and hansli. She has specifically denied that she had seen the accused persons in Salumber police station. She specifically said that she had identified the accused persons in jail. She had seen the accused persons at the time of the incident and thereafter in identification parade. PW 3 Thawara had deposed that when he was returning alongwith Lali, Kalki and Vaktu for their house, three persons came from behind and he can identify them. He had identified all the three accused persons in the court. He had identified Manji to be the person, who had inflicted knife injury on Vaktu’s neck. In cross-examination, this witness had said that he was shown accused persons in police station. Thereafter he said that he was shown accused persons in jail. Much is tried to be made about from the statement of this witness that the identification parade was held in the police station and not in the jail. The witness had not said that two identification parades were conducted nor it is the case of the defence. Identification parade was conducted on 18-8-84 and on that date, the accused persons were lodged in jail and, therefore, it is not possible that the identification parade could be conducted in the police station and the accused persons were shown to this witness there. The witness is illiterate villager and, therefore, his statement that the identification was held in the police station, is clearly a mistake which he had corrected immediately in his statement.
5. The presence of the eye witnesses Kalki and Lali at the time of incident, is corroborated from medical examination reports given by PW 5 Dr. Gulab Singh, Lali and Kalki were examined on 10-7-94 by Dr. Gulab Singh, Ex. P/4 is the medical report of Lali and Ex. P/5 is the medical report of Kalki. Ex. P/4 shows that Lali had lacerated wound over the scalp in the occipital region 1 1/2cm. x 1/2 cm. x 1A cm. cloted blood present around the wound ozzing of senm present and abrasion over the right knee joint 1 cm. X 1/2 cm. Ex. P/5 shows that Kalki had diffuse swelling in the fore-arm on the lateral side 3 cm. below the right elbow joint extended upto middle 1/3 of fore-arm. Radish in colour painful tendoran tocuch. The injuries sustained by these witnesses corroborate their statements in the court that they were given beating at the time of the incident.
6. The post-mortem of the dead body of Smt. Vaktu was conducted by Dr. Gulab Singh PW 5. The post-mortem report is Ex. P/3A, which is proved by him. The doctor in his examination had said that the deceased had sustained injuries. Relevant portion of the report is as under:-
“I. EXTERNAL APPEARANCE
Position of subject-stout, emaciated decomposed etc. A old Lady about 60 yrs of Age Fairly built eyes are semiopen, mouth closed, P. M. staining present on the back & buttock, Rigor Mortis Present.
2. Wounds-position, size, nature :- I. Incised wound on the Left side of the neck size 4 cms x 1 cms x 2 1/2 cms Deep situated 5 cm away from the midline of Neck on the left side Placed Transversely Surrounding the wound there is diffused Swelling Dark Altor fluid blood is coming out from the wound, clotted blood present over the Neck left chest region & left leg & Blouse & Peticot is soiled with clotted Blood. Injury Anti Mortem in Nature.
Internal Examination :- Wound is 2’/i cms. Deep Inciseing underlying Fascial and Muscle Fibers Blood is oozing in the muscle Fibers & Subcutaneous tissue Left External Carotid Artery is Cisected & Dark alter Fluid Blood is coming out from the Bisected Artery, which is more marked on applying Pressure over the Precordial region.
3. Bruises-position, size, nature :-
4. Marks of ligature on neck, dissection, etc.:
5. Condition of pupils: – Dilated.”
The cause of death, according to the doctor is haemmorhage from the Bisected Left External Carotid Artery & Shock. Thus, it is established that the cause of death is because of the injuries sustained by Vaktu which could be caused by knife.
7. The test identification parade was conducted in jail, Salumber, by PW 9 Chenendru Kumar. All the three eye witnesses, PW I Kalki, PW 2 Lali and PW 3 Thawara have identified the accused persons. Ex. P/10 is the identification memo, which was conducted on 18-8-84. In the cross examination of PW 9, it was brought out that certain facts had not been mentioned in the identification memo by PW. 9. It is true that PW 9 has stated that certain steps taken by him in the identification parade, do not find place in the memo prepared by him but that does not mean that the identification parade was not educated properly by PW 9 Chenendra Kumar or that the witnesses had not identified the accused persons in the identification parade. Irregularities committed by the officer in preparing the identification memo do not ipso facto invaliate the identification of the accused persons unless it is brought about that the irregularities committed have a direct bearing on the identification of the accused persons. The accused was identified in the identification parade by PW 1 Kalki. PW 2 Lali and PW 3 Thawara. The conduct of identification parade belongs to the realm of, and is part of. the investigation. The identification is directed for the purpose of reassuring that clear,, impressions arc gathered at the time of the occurrence. The evidence of identification corroborates and strengthens the oral testimony in the court, which is a primary and substantive evidence as to the identify. The identification of the accused in the identification parade lends support to the dock identification of the accused by the eye witnesses.
8. On the basis of the memorandum recorded of the appellant Maji Under Section 27 of the Evidence Act, the knife article Ex. P/4 and dhoti Ex. P/5 were recovered from the house of the appellant on 3-8-84 by recovery memo Ex. P/l 1. The recovery memo is proved by PW 12 Kanhaiyalal Meena. The knife and dhoti were sent to Forensic Science Laboratory, Rajasthan, Jaipur, and it was reported that the knife and dhoti are stained with human blood. The report is Ex. P/l 8. The accused-appellant has not explained the human blood found on the knife and dhoti recovered on his memorandum. The human blood found on the knife and dhoti, which were recovered from the accused’s house lend support to the prosecution story. The properties of robbery i.e. tagli and hansli were identified by the eye witnesses. The memo of identification of properties is Ex. P/1 7. Nothing has been brought out in the cross-examination from the identifying witnesses that the property does not belong to them or that it was not subject matter of robbery. The statements of PW. I Kalki and PW 2 Lali positively establish that they have been robbed of their properties by the appellant Manji.
9. On overall consideration of the evidence of the eye witnesses, the recovery of the knife and dhoti stained with human blood on the basis of the statement of the accused-appellant from his house, the post-mortem report and the doctor’s evidence and the injury reports of Lali and Kalki, it is proved beyond any reasonable doubt that the accused-appellant had committed the murder by causing death of Smt. Vaktu and had robbed the property of Smt. Vaklu and Smt. Lali.
10. The judgment passed by the court below and the sentence imposed on the appellant is in conformity with law. The appeal stands dismissed.