NIHALA ALIAS NIHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused Nihala alias Nihalsingh has preferred this appeal through Jail against the judgment of the Sessions Judge, Churu, dated 31.1.1969, whereby the appellant was convicted under section 302, I.P.C., and was sentenced to imprisonment for life.

(2.) The prosecution story, in brief, is that the accused was living at village Kharkhaai, District Hisar (Haryana). He disposed of all his property and started living with his daughter Mst. Rajbala at village Dhandhal, Tehsil Rajgarh, District Churu. He handed over a sum of Rs. 50,000.00 to her daughter, who, in turn, gave that amount to her husband deceased Ganpat. Ganpat then deposited a sum of 40,000.00 in fixed deposit in the New Bank of India Ltd. It is said that Ganpat, the son-in-law of the accused, was addicted to drinks and was not engaged in any work. Apprehending squandering of his money the accused used to demand his money back from his son-in-law Ganpat. It was on this account that the accused was annoyed with his son-in-law. The prosecution case further is that on the night intervening 25th and 26th February. 1978, the deceased was sleeping in the 'dulan' and outside the 'dulan' in the adjoining 'kotha' the accused was sleeping. A minor daughter of Rajbala was also sleeping nearby. Rajbala was sleeping in the kitchen. It is said that on that night the accused done his son-in law to death with a 'gandasa' and went away from the house. As usual Rajbala got up in the morning. She asked her daughter to awake her maternal-grand-under, that is the accused, but he was not found on his cot. She thought that her father might have gone to attend the nature's call. Thereafter, she asked her daughter to awake her father. Her daughter then started weeping and when she went she saw the neck of her husband cut and she started weeping and screaming, which attracted Meharchand and Lalchand. Meharchand then lodged the report on 26.2.1978 at about 9.30, a. m., at the Police Station, Rajgarh. Thereupon, a case under section 302, I. P. C., was registered S. H. O. Richhpalsingh (P. W. 12) visited the spot and conducted the spot investigation and he got post mortem examination of the dead body conducted. He arrested the accused on 28.2.1978 and on 4.3.1971 he recovered a blood stained 'gandasa' on the information and at the instance of the accused. The accused also got one Reti, recovered with which, it is said, that 'gandasa' was sharpened. On 8.3.1978 the accused also gave information in respect of his 'dhoti' and 'kurta' said to be blood stained and got these clothes recovered. The blood stained articles were packed and were sent for chemical examination. 'Gandasa' and shirt were found stained with human blood and the 'dhoti' was found stained with blood, but human blood could not be detected on 'dhoti'. Investigation was conducted from the witnesses and after completion of usual investigation, charge-sheet was presented against the accused. The accused was ultimately sent up for trial to the Court of Sessions Judge, Churu.

(3.) The accused was charged for the offence under section 302, I. P. C. However, he pleaded not guilty to the charge and claimed to be tried. The prosecution in this case examined Rajbala (P. W. 1), Meharchand (P. W. 2), Shrichand (P.W. 3), Amarsingh (P.W. 4), Bhanwarlal (P.W. 5), Mst. Chand Kanwari (P.W. 6), Ramkumar (P. W. 7), Prabhuram (PW 8), Dr. Mangilal (PW 9), Dr. Meghsingh (P. W. 10), Kesharam (P. W 11), & Richhpalsingh (PW 12). The statement of the accused was recorded under section 313, Cr. P. C. in which he stated that the deceased was his son-in-law and he had handed over a sum of Rs. 50,000.00 to his daughter Rajbala after disposing of his property, out of which a sum of Rs. 40,000.00 was deposited in fixed deposit for seven years and the rest of the amount was deposited in the current account. He also admitted that Ganpat was addicted to drink and was not doing any work. He, however, denied demanding of money from Ganpat, though he stated that he did tell Ganpat that he should give up drinking. He also admitted that he started living with his daughter, so that he may get bread. His sight had become dim. He also admitted that Rajbala slept in kitchen and Ganpat used to sleep in the inside other 'kotha', whereas he used to sleep in the outside 'kotha' He further stated that he had gone to attend the nature's call and with regard to the incident he stated that when he returned back from the 'jungle' after sufficient time he found the neck of Ganpat cut. Meharchand did not come at that time. He came afterwards. He denied to have quarrelled with Ganpat. He also admitted that Shrichand (PW. 3) met him at about 4.00, a. m., and asked him as to where he is going ? Then he told him that he is going to attend the nature's call. He further stated that he was arrested and at that time there were injuries on his person. He received the injuries at the hands of the S. H. O. He admitted that blood stains appeared on his shirt, because of beating. It may be mentioned here that the accused also had three injuries on his person, which were examined by Dr. Mangilal (P. W. 9) on 1.3.1978. Rest of the prosecution case was denied by the accused. No evidence was led in defence.