DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals have been preferred against the Judgement of the Division Bench of the Rajasthan High Court. These two appellants were found guilty for the offence punishable u/s. 302 of the Indian Penal Code. Appeal No. 1258 of 2003 was filed by appellant Mohan Lal and Appeal No. 170 of 2001 is filed by co-accused Devi Singh. We are told that appellant Mohan Lal passed away and Mr. Doongar Singh, counsel appearing for him submitted that he died in jail while undergoing imprisonment for life. Counsel for the State also submits that this fact is true. Appeal No. 1258 of 2003 abates and is dismissed.

(2.) The appellant in Criminal Appeal No. 170 of 2001 along with now deceased Mohan Lal is alleged to have caused the death of one Kesri Mal in the night of 26.06.1976. Mohan Lal's sister, Mohini was married to Kesri Mal. It is alleged that Kesri Mal had some extramarital relationships and this was not liked by the appellant Mohan Lal and he with the assistance of the appellant Devi Singh caused the injury on the neck of Kesri Mal, while he was sleeping and he died on the spot. The prosecution case is that Mohan Lal and Devi Singh both went to the house of Kesri Mal during the night and there was nobody else in the house except Kesri Mal and they climbed over the wall and gained entry into the house and using "dhariya", Devi Singh gave a cut injury on the neck of Kesri Mal. His dead body was put on a cot and kept in the chowk. On the next day, some villagers of the locality found the house of Kesri Mal locked and they went to the police station. Police came to the house and broke open the house and saw the dead body of Kesri Mal in the chowk. The body was sent for post-mortem examination and PW 29 conducted the investigation. On 28.07.1976, the present appellant was arrested from his house. Based on confession made by the appellant, "dhariya" and some bloodstained clothes were recovered from his house. The appellant was in judicial custody from 31.07.1976 to 2.08.1976, and the police informed the Magistrate that this appellant desired to give confession before the Magistrate. On 2.08.1976, the Magistrate recorded the confession of the present appellant. In the confession he narrated the whole incident and also the involvement of his co-accused Mohal Lal.

(3.) Based on the confession and the recovery of "dhariya" and other articles, the Sessions Judge convicted the appellant for the offence punishable u/s. 302 of the Indian Penal Code. The Division Bench of the High Court elaborately considered the appeal preferred by the appellant and confirmed conviction and sentence.