MODAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred by Modan Singh under S. 2 of the supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act 1970 against the judgment of the High Court of Rajasthan in Criminal Appeal No. 664 of 1968 reversing the order of acquittal of the appellant by the Sessions Judge.

(2.) The appellant, Modan Singh, and one Sampuran Singh, were tried by the Sessions Judge of Ganganagar for causing the death of one Prithvi Singh on 16-12-1966, and were acquitted.

(3.) The case for the prosecution may be briefly stated. Jugraj Singh, P.W. 1 was a resident of the village of Banwala and was Sarpanch of Gram Panchayat of the village. On the evening preceding the night of the occurrence, Prithvi Singh, the deceased came to P. W. 1"s house and requested him to provide accommodation for the night. P. W. 1 allowed him to stay in an outer room of his house. While P. W. 1 was talking with others, the two accused, Sampuran Singh and Modan Singh, appellant herein, came there with Mewa Singh, P. W. 10 belonging to Banwala. At that time, the appellant, Modan Singh had a pistol container and bandolier on his shoulder. Sampuran Singh had a pistol. P. W. 1 served both the accused with food and provided beds for them in the room where the deceased, Prithvi Singh was staying. When P. W. 1 left the room, the two accused, Sampooran Singh and Modan Singh and the deceased, Prithvi Singh and Mewa Singh, P. W. 10, were together. In the morning when P. W. 1 went to the outer room, he found the shutters open and a gadela and razai lying burnt outside. Prithvi Singh was lying injured and dead on his cot and a live cartridge, any empty cartridge, and used bullets were found lying near the room. A report was lodged by P. W. 1 at the Sadar Ganga Nagar Police Station at 11 AM. Padamsingh. Station House Officer, reached the scene at 2-45 p.m. and took up investigation. He recovered an empty cartridge, a loaded cartridge and lead pieces of fired pellets in the room. On 20-12-66, Sampooran Singh and Modan Singh appeared themselves at the Police Station and were arrested. From the person of Modan Singh, the Police seized. 303 country-made pistol. On 23-12-66, Modan Singh, while in Police custody, gave information and pointed out a pistol case and a live cartridge and an empty cartridge from a pistol case which was hanging on a peg fixed in the wall of his kotha.