GOVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Additional Sessions Judge (Fast Track) Balotara, Camp Barmer, by judgment dated 13.5.2004 convicted the accused appellant for an offence punishable under section 302 Indian Penal Code and awarded sentence of life imprisonment with a fine of Rs.5000/-and in default of payment of fine, further to undergo six months imprisonment. Instant appeal is preferred to challenge the same.

(2.) Briefly stated, facts of the case are that on 27.6.2002 PW-6 Prakash Singh submitted a written report (Ex.P/9) at Police Station Chauhatan mentioning therein that at the border of Sanwalore an agricultural field under joint tenancy of Kishore Singh, Dhan Singh and his family is situated and that is known as Ravji Wala Khet. On 27.6.2002 he and his younger brother Ramesh alongwith Raju Singh son of Mishri Singh Rajpurohit went to plow the land at Ravji Wala Khet by a tractor, under instructions of his father. When Raju Singh started plowing, accused Govind Singh came there and stated that he will not permit to do so. On this objection, Raju Singh returned to village and informed the entire incident to his father. At about 04:00 PM they alongwith their father again went to Ravji Wala Khet on tractor and started plowing. Raju Singh was plowing the land with tractor and Harlal Singh (father of the complainant) was involved in the work of removing weeds. Govind Singh at that time was present in his own field and from there he started abusing. He came to Ravji Wala Khet riding on a camel and then indulged in some talk with Harlal Singh. At that time he tied the camel on a 'khejri' tree and indulged in deliberations with Harlal Singh, during this course, Harlal Singh advised Govind Singh to go to his home, as matter relating to land could be settled by having talks between the brothers. At that time Govind Singh gave an axe blow to Harlal Singh near his left ear, consequently he fell down, two more axe blows were given by Govind Singh, consequently Harlal Singh died. The complainant alongwith Raju Singh then came to the village and informed entire incident to Kishan Singh, Kishore Singh, Derawar Singh etc.

(3.) On basis of the information aforesaid a case was lodged for commission of offence under Section 302 IPC, investigation was made and a charge sheet was filed. The case being exclusively triable by the court of Sessions, the same was committed to it and a charge for commission of an offence under Section 302 IPC was framed. On denial of the same, the accused was tried.