SAUDAN SINGH Vs. STATE

JUDGEMENT

(1.) The present jail appeal has been preferred by Saudan Singh alias Keval Baba against the judgment and order dated 14.1.2003, passed by the Sessions Judge, Mainpuri in S.T. No. 24 of 2000, under Section 302, I.P.C. whereby he has been convicted and sentenced to undergo imprisonment for life.

(2.) The prosecution case in brief is as follows that a first information report was lodged by Santosh Kumar (brother of deceased) on 1.8.1999 at 8.15 hours in respect of the incident which occurred at 2 p.m. on the same day when the complainant alongwith his younger brother Mantosh Singh alias Nikuchu and his cousin Anar Singh were returning from Bhogaon to their village Vajar on their respective bicycles. The complainant and his cousin was ahead of his younger brother when they were passing on the sides of the minor canal and as soon as they reached at the plot of one Sudama the appellant tried to stop them by using abusive language, but they did not pay any heed as the appellant was in the habit of using abusive language, but shortly thereafter his younger brother Mantosh Singh cried to save him as the appellant was killing him. On hearing the cry of his younger brother when the complainant and his cousin brother returned back, they saw that the appellant was pressing his neck with his feet who was writhing in pain when they reached closer, the appellant threw acid upon the body of his younger brother. He had also thrown acid towards them but it could not fall on them. Thereafter the appellant ran away from the place of occurrence and their brother succumbed to the injuries on the spot at about 2 p.m. Several persons who were working in the field had witnessed the occurrence! A report was scribed through Shishu Pal Singh by the complainant and on its basis the first information report was registered under Section 302, I.P.C. as case Crime No. 377 of 1999 at P.S. Bhogaon, district Mainpuri against the accused appellant Saudan Singh alias Keval Baba.

(3.) The first information report was entered in the general diary, which is exhibited as Exhibit Ka-4. The investigation was set in motion and the Investigating Officer prepared the inquest report Exhibit Ka-5, the site plan, Exhibit Ka-10, the recovery memo of the clothes of the deceased, Exhibit Ka-11 and the recovery memo of the cycle of the deceased which was handed over to the complainant, Exhibit Ka-12. After completing the investigation the Investigating Officer Rajveer Singh submitted the charge-sheet against the accused/appellant under Section 302, I.P.C. on 25.8.1999. The clothes of the deceased were also sent to Serelogist and the chemical examiner's report which was received on 1.1.2000 is marked as Exhibit Ka-14. Blood was found on the clothes but it was disintegrated.