SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 (2) has been preferred by the appellant Sawai Singh S/o Gulab Singh being aggrieved of the judgment dated 25.11.2010 passed by the learned Additional Sessions Judge (Fast Track) No.2, Pali in Sessions Case No.45/2008, whereby he has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment alongwith a fine of Rs.10,000/- and in default of payment of fine, further to undergo additional simple imprisonment of six months.

(2.) Though the instant appeal was filed as a represented appeal, but during the pendency thereof, the counsel representing the appellant pleaded no instructions, whereupon, the accused was summoned from prison by order dated 06.08.2019, and in his presence, Mr. R.K. Charan, Advocate, who offered his pro bono services, was appointed as Amicus Curiae to represent the appellant. A copy of the paperbook was provided to Mr. Charan.

(3.) Brief facts relevant and essential for decision of the appeal are noted hereinbelow. Kan Singh (P.W.4), resident of Bera Gangajal Nimbli submitted a written report (Ex.P/5) to the SHO, Police Station Siriyari, Tehsil Marwar Junction, District Pali on 07.09.2008 at 11.30 a.m. at the place of the incident alleging inter alia that on the same day at about 07.30 a.m., he had gone out of the house to attend the call of nature. Behind him, his wife, daughters and his son Manvendra Singh were present in the house. Manvendra Singh was taking bath at the common well outside his house. While the complainant was returning back his house after having eased himself, he heard hue and cry being raised from his house. He rushed there and when he reached near the well, he saw his wife crying. On enquiry, his wife told him that Manvendra was taking bath near the well, when the neighbour Sawai Singh S/o Gulab Singh, by caste Rajpoot, resident of Bera Gangajal, Nimbli came around and started dragging Manvendra, who shouted for help. His mother Paras Kanwar (wife of the complainant) and her sister-in-law (Jethani) Bhanwar Kanwar W/o Nawal Singh, both ran out from their houses towards Manvendra Singh. Before they could make any attempt of saving Manvendra, Sawai Singh lifted the child with his hands and threw him in the well with the intention of killing him. Manvendra was still inside the well. The complainant called for the neighbours, upon which, Sohan Singh, Nawal Singh and Sher Singh etc. came around and took Manvendra out of the well with the help of a rope, but by that time, he had expired.