HEERALAL Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 2.2.84 passed by the learned Sessions Judge, Udaipur, by which appellant Heeralal was convicted to imprisonment for life and a fine of Rs. 100/ -.

(2.) BRIEFLY stated the fads of the case are that on 22.6.83 at 6 a.m. Bhagga (PW 3) lodged a report at Police Station, Kurawer to the effect that in the intervening night of 30th May, 1983 and 31st May, 1983, Bhera, while sleeping in the court -yard of his house was murdered by sword by Heeralal, his nephew and the eye witness to the occurrence was Vakti, wife of deceased Bhera.

(3.) THE accused under arrest furnished information for getting recovered scabbard of the sword. In pursuance of the information, SHO, Raghuveer Singh, recovered the sword from the house where accused was residing. The blood soaked clothes of the deceased, the blood stained earth, control soil, the sword and the shoes of the accused were sent for chemical examination. The report of the Chemical Examiner is Ex.P.10. The blood on all the articles sent for chemical examination, except the control soil was found to be human blood. The blood group of the sword, blood smeared soil, Dhoti and Angochha of the deceased and the pair of shoe said to be recovered from the appellant were found to be stained with 'O' Group blood.