SULTANIA KANJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal is directed against judgment dated 30. 1. 1980 of the Sessions Judge, Jhalawar whereby appellant, Sultania has been convicted for the offence under Section 302, IPC, and sentenced to undergo life imprisonment.

(2.) BRIEFLY stated the facts of the case are that on 4. 04. 1979 at about 8 a. m. an oral report was lodged by Ram Singh to Hari Singh Solanki, Station House Officer of Camp Kali Talai with the assertions that, on the intervening night of 3rd and 4. 04. 1979, Narsingh Lal Dangi (PW 9) informed the villagers that somebody has broken into his house; thereupon, the villagers who were reciting sacred songs in the praise of God in the mid-night, were to the house of Narsingh Lal but nobody was found there, so, all returned back to their respective house that, however after a few seconds, Madan Singh heard hue and cry from northern side of the village and he armed with 'jeli' went towards that side duly followed by Bajranga and Moti, and that, they saw some miscreants upon one of them, Madan Singh inflicted a jeli blow on the hand, but at that time, other miscreants fired gun which hit Madan Singh thereby Mandan Singh sustained injury and died due to that injury. None of the miscreants were caught by the villagers. On the basis of the aforesaid information, a case was registered for the offences under Sections 302/34, 457/511 IPC, at police station Raipur (Jhalawar ). Investigation commenced.

(3.) LEARNED Public Prosecutor, on the other hand, contended that the appellant has been identified by three eye witnesses of the prosecution side and, therefore, learned trial Court was justified in convicting the appellant.