KESAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment of the learned' Sessions Judge, Udaipur, dated 21-3-74 by which the learned Sessions Judge convicted the appellant for the offence under section 302 Indian Penal Code and sentenced him to imprisonment for life and a fine of Rs. 100.00 in default of payment of fine to under go three months further rigorous imprisonment.

(2.) Briefly stated the facts of the case giving rise to this appeal are that the appellant and deceased Bhoor Singh were real brothers and were having agricultural land in village-Kamli. The land belonging to Bhoor Singh was mortgaged by him with one Dola, husband of Smt, Kankoo (P.W. 4) vide Ex. P. 1 for a consideration of Rs. 300.00. Later on Smt. Kankoo sub-mortgaged the field to one Madhosingh, father of Smt. Durga Kanwar (P. W. 2). Madhosingh is said to be in possession of the field since 3-7-72. On 4-7-72 at about 8.00 a.m. Smt. Durga Kanwar went to the field for getting it ploughed by the appellant who was engaged by her for this purpose. Bhoor Singh deceased was returning on a cycle after doing work. On seeing the appellant ploughing his field, Bhoor Singh objected to it and abused him and asked him not to plough the field as he would repay the mortgage money. Bhoor Singh went to his house situated nearby and the appellant armed with an axe followed him and caused axe blows on his body. Bhoor Singh met his death on account of the injuries inflicted by the appellant. The appellant then went to Police Station, Deogarh and at about 11.00 a.m. lodged an oral report which reduced into writing is Ex. P. 15. The appellant was arrested by P.W. 9, Station House Officer, Udaisingh, vide memo Ex. P. 13. At that time the appellant was having blood stained axe Ex. 11 with him, which the Station House Officer took into possession vide memo Ex. P. 14. The Station House Officer than went to the site and proceeded with the necessary investigation in the case. The blood stained earth, the cycle and pen of the deceased lying X at the site, were taken into possession and were sealed then and there. The blood stained clothes of the deceased were also taken into possession. The dead body of Bhoor Singh was sent for postmortem examination to Primary Health Centre, Deogarh, where Dr. Arun Swami conducted the autopsy over the dead body of Bhoor Singh on 4-7-73 at 3-20 p.m. The Doctor noted as under:-

(3.) In the opinion of the Doctor, Bhoorsingh died of shock and haemorrhage due to injuries on neck and brain. The injuries were ante mortem in nature and were caused by sharp edged weapon. Except injury No. 3, all were sufficient in the ordinary course of nature to cause his death. The articles recovered in the case along with an are, recovered from the possession of the appellant at the time of his arrest, were sent in sealed packet for chemical examination through Nanda Singh (P.W.7) Head Constable, who deposited the articles in sealed condition and brought the receipt from there and filed it in the office of the Superintendent of Police, Udaipur. The report of the Chemical Examiner is Ex. P. 19 and that of the Cerolo-gist is Ex. P. 20. After completion of necessary investigation charge-sheet against the appellant was filed in the court of First Class Magistrate, Bhim. The learned Magistrate conducted a preliminary enquiry in the case and upon finding a prima-facies case exclusively triable by the court of Sessions, committed the appellant to the court of Sessions, Judge, Udaipur, to stand his trial for the aforesaid offence. The learned Sessions Judge, charge-sheeted the appellant and recorded his plea. The appellant denied the indictment and claimed to be tried. In order to substantiate its case, prosecution examined 9 witnesses in all. The statement of Doctor Arun Swami recorded in the committal proceedings in the presence of the appellant, who had full opportunity to cross-examine him and a note to that effect being appended by the Presiding Officer, was taken on the record of the Sessions Court an has been marked Ex. P. 17, In his statement the appellantment totally denied the allegations levelled against him and stated that he had a quarrel about the fields with the deceased and one or two years ago Bhoor Singh had dealt an axe blow on his neck. That, on that day also Bhoor Singh went with an axe to give a beating to him and in case he would not have inflicted blows to Bhoor Singh, latter would have done him to death. Kesar Singh appeared in the witness box as P.W. 2 under section 349-A Code Criminal Procedure (Old) and examined Smt. Hanja (P.W. 1) to substantiate his contention about Bhoor Singh dealing with an axe blow on the neck of the appellant a few years back and hitting with lathi two years thereafter, which matter was compromised. The learned Sessions Judge placed reliance on the prosecution evidence and held the appellant guilty for the offence of murder and convicted & sentenced him as stated above.