KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgement dated April, 1978, of learned Sessions Judge, Kota, whereby the accused appellant Kishan son of Gordhan Singh was convicted on the charge of murder of Balli Sardar allias Amarjeet Singh and was sentenced to imprisonment for life and a fine of Rs. 200/ - or, in default of payment of fine to further rigorous imprisonment for two months.

(2.) THE prosecution story in nut -shell is that Kailash Chandra PW 1 runs a betel shop in the name and style of Pawan Pan Bhandar situated near the temple of Mori -Ka -Hanumanji in Purani Dhandmandi, Kota. His brother Subhash's hotel is situated adjacent to his shop. In the morning of the fateful day Kailash Chandra and his brother Subhash reached their respective shops. Jugal Kishore (PW3) and Ramesh (PW4) were sitting on the wooden platform of the said shop of Kailash Chandra. Narain a servant of Subhash served tea to Jugal Kishore and Ramesh. He then went away to serve tea at the office of Ram Krishna Transport Company. A little later, Amarjeet Singh deceased and Surendra Kumar (PW5) arrived that side, riding on a bicycle. Surendra Kumar was driving the bicycle and Amarjeet Singh was sitting on the rod in front of him. When they reached near Pawan Pan Bhandar, accused appellant Kishan rushed towards the deceased and thrust a knife blow in his chest. After taking out the knife, the accused ran away towards Purani Dhan Mandi. As a result of the injury, Amarjeet Singh felt giddy and fell down on the ground near a tree.

(3.) ON November 26, 1977 the investigating officer arrested the accused -appellant vide arrest memo Ex. P 17. The accused expressed his desire to get the weapon of offence recovered from the place of concealment. The information was reduced into writing. It has been marked as Ex. P/18. Knife, Ex. P1 is said to have been discovered in consequence of this information. It was taken into possession vide seizure memo Ex. P 15. The accused appellant again expressed his desire to get the blood stained clothes Bushirt and pant recovered from the place of their concealment. The information was reduced into writing and it has been marked as Ex. P/l9. The seizure memo of pant and bushirt Exs. 6 and 7 respectively is Ex. P/1 6. The articles recovered in consequence of the information of the accused and other of the deceased were sent for chemical examination, who found the articles stained with blood. The report of the Chemical Examiner is Ex. P/20.