DARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Appellants in this case were charge-sheeted, 1st Appellant for the offence under Section 302 and 2nd Appellant for the offence under Section 201 of the Indian Penal Code. 1st Appellant - Darshan Singh is the son of 2nd Appellant - Mahendra Singh. Both were convicted under the offences charged against each of them and A-1 was sentenced to imprisonment for life while A-2 was sentenced to rigorous imprisonment for a period of 4 years and a fine of Rs. 200/-, A Division Bench of the High Court confirmed the conviction and sentence and dismissed the appeal filed by them.

(2.) The case of the prosecution is that 1st accused - Darshan Singh murdered Smt. Jasbir Kaur who was the wife of A-2's brother - Wadhava Singh on the morning of4.12.1976.

(3.) There is no eye-witness to the occurrence. Therefore, the prosecution rested entirely on circumstantial evidence. It is a rare case in which there is not even medical evidence to show the cause of death of the deceased. However, prosecution has proved beyond doubt that the death of Smt. Jasbir Kaur was a case of homicide. She was aged 22 when she died. Till she died she was quite healthy. The dead body of Jasbir Kaur was cremated in a hurry even before the kith and kin of Jasbir Kaur were informed of her death. The hasty disposal of the dead body to flames and the antecedent sufferings which deceased had undergone persuaded her father PW-12 - Mehar Singh to lodge a complaint with the police after about 4 days. The police took up investigation into the matter and collected materials. Finally, the case was charge-sheeted against the accused for the offences mentioned above.