LAWS(SC)-2004-3-67

PRADEEP SINGH Vs. STATE OF RAJASTHAN

Decided On March 26, 2004
PRADEEPI SINGH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The appellant, Pradeep Singh was tried along with another co-accused, Vikram Singh, for the offence punishable under S. 302, I.P.C. Both of them were found guilty by the Sessions Court. They filed separate appeals before the High Court of Rajasthan. The Division Bench of the High Court confirmed the conviction and sentence of the present appellant, Pradeep Singh. The judgment of the Division Bench is challenged before us.

(2.) The prosecution case is that on 22-6-1992 at about 8 a.m. P.W. 8 Maniram, a Head Constable attached to the Hanumangarh Police Station, saw the dead body of a young person near Shiv Mandir cinema. He went to the Hanumangarh police station and gave information to P.W. 10 Govindram, the Sub-Inspector of Police. On the basis of the information given by P.W. 8, a case was registered under S. 302, I.P.C. and P.W. 10 immediately visited the place where the dead body had been found. He prepared the site plan and took photographs of the dead body and they were sent for post-mortem examination. P.W. 2, Dr. Narendra Godara, conducted the post-mortem examination and found as many as 24 incised injuries on the dead body. He also found that the internal organs of the deceased were punctured by incised injuries.

(3.) On 23-6-1992, at about 8.30 p.m., the appellant was arrested and the co-accused was arrested on the next day. The appellant on interrogation gave statement to the effect that he had concealed a knife. P.W. 10 recovered the knife from a pit and prepared a recovery report. The pants and shirts worn by the appellant were also recovered by the police and Exh. P-40 the F.S.L. Report showed the presence of blood stains on the knife as well as on the pants and shirts of the appellant allegedly worn by him at the time of incident.