KIKAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT , Kikar Singh was tried for the charge Under Section 302, IPC by the Additional Sessions Judge, Raisinghnagar. Vide Judgment dated 17.4.84 he was held guilty for the charge and sentenced to imprisonment for life and a fine of Rs.2,000/ -, in default of payment of fine to undergo two year's rigorous imprisonment. Kikar Singh, feeling aggrieved by his conviction and sentence, has preferred this appeal in this Court.

(2.) SUCCINTLY narrated, the prosecution case is that on 22.5.83 at 2.15 p.m. Nagaur Singh (PW 1) lodged an oral report at police station Anoopgarh to the effect that agricultural land in 16 BUD, Murraba No. 241/420 was purchased by his father from Budh Singh and was in the cultivating possession of his family. Adjecent to that field there was the field of Kikar Singh. Ten or fifteen days prior to the incident, Kikar Singh threw the earth from the 'Doli' (the strip of land dividing the two fields) in the field of complainant which led to hot altercation between him and Jeet Singh. Jeet Singh told Kikar Singh that in case he had any doubt about the measurement of the land he may get it measured from the Patwari. That annoyed Kikar Singh and he told that he will definitely got it measured on getting, opportunity. On 22.5.83 at about 11 a.m., the informant, his brother Balore Singh, his brother -in -law Balvinder Singh and his father, deceased Jeet Singh were stacking grass in the field, Kikar Singh and his son Pappu (accused tried by the court under the Juvenile Offenders Act and acquitted of the charge), stated throwing earth from the 'Doli' towards the field of Jeet Singh. Jeet Singh went towards them to make them understand Nagaur Singh (PW 1), Balore Singh (PW 2) and Balvinder Singh (PW 3) also followed Jeet Singh. Jeet Singh asked Kikar Singh not to throw earth in his field. Kikar Singh got annoyed and at the instance of his son Pappu inflicted injury with Kassi on the head of Jeet Singh. Jeet Singh fell down. Kikar Singh thereafter inflicted two more blows with Kassi to Jeet Singh. Balore Singh, Nagaur Singh and Balivnder Singh gave a 'Lalkar' and Kikar Singh ran away from there. The three witnesses went near Jeet Singh and saw injuries on his head, neck and back He was lying dead bleeding from the injuries. Nagaur Singh went to Police Station, Anoopgarh and informed Balwant Rai (PW 7) SHO of Police Station, Anoopgarh who reduced the information into writing, which is Ex.P.l. The SHO went to the site and prepared site plan Ex.P.2 and site inspection memo Ex.P.3 and other necessary memos and took in possession the blood soaked earth and the control soil. The post -mortem examination of the dead body of Jeet Singh was conducted by Dr. Satya Prakash Sharma (PW 5) on 22.5.83 at 6 p -m. The doctor noted following injuries on the dead body. 1. Incised wound 11 cm x 21/2 cm x 5 cm on the Right Parieto occipital area. Bone fractured' -dura matter was seen from the wound. Incised wound 15 cm x 6 cm x 5 cm on the right scapular area bone fractured. Incised wound 1.3 cm x 10 cm x 12 cm on the right side of neck All Vessels of the right side of neck were cut critical vertebrae & along with the spinal cord and cut through and through. Larynx & Right side of mandible cut. The post -mortem Examination Report is Ex. P. 8. In the opinion of the doctor, the death was due to hemorrhage and shock due to bleeding from vessels of neck. Injury No. 3 was held to be individually sufficient to cause death. On 27.5.83, Kikar Singh was arrested vide Memo Ex.P.17. While under arrest, he furnished information Ex.P.18 for getting recovered Kassi from his house. In pursuance of that information, he opened the lock of the Kotha and got recovered one Kassi from it. The Kassi was taken in possession vide Memo Ex.P.9. Being suspected of having bloodstains on it is was Sealed then and there. Pappu was also arrested on the allegation that he had instigated his father Kikar Singh to give a beating to Jeet Singh. As stated earlier, he being below 16 years of age, was tried by the Children Court. The articles seized and sealed during the course of investigation were sent for chemical examination. The report of chemical examination is Ex.P.20. The clothes, the blood soaked earth taken from the site and the Kassi said to have been recovered at the instance of the accused were found to have stains of human blood. The blood group of Kamiz and towel which Jeet Singh was having at the time of incident and Kassi was of 'B' Group.

(3.) WE heard Mr.M.K.Garg, learned Counsel for the appellant and Mr. K.L. Jasmatiya, learned Public Prosecutor for the State.