HOSHIYAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Hoshiyar Singh was inducted before the learned Additional Sessions Judge, Deeg, district Bharatpur, for having committed murder of Ramvir. Learned trial Judge vide judgment dated April 19, 1995, convicted and sentenced him as under:- Under Section 302 IPC: to undergo rigorous imprisonment for life and a fine of Rs. 500/ -. In default to further suffer one year rigorous imprisonment. Under Sec. 3/25 of the Arms Act: two years rigorous imprisonment. All the sentences were directed to run concurrently. Against this judgment of conviction, that the appellant has resorted to initiate present action of filing the appeal.

(2.) BRIEF resume of the prosecution is that P. W. 4 Sodan Singh, lodged a written report Ex. P. 6 with the Police Station, Deeg, on July 4, 1992, stating therein that around 5. 00 a. m. on July 4, 1992, he had seen the people rushing towards his field. He also rushed to his field, where he found the dead body of his brother Ramvir lying on a cot. The blood was oozing from the left ear and he saw his sons Jadvir and Prahlad weeping. On being enquired, Jadvir told him that he and his uncle Ramvir were sleeping together on a cot. He suddenly woke-up after hearing the sound of fire. Hoshiyar Singh having Katta (Indian made gun) in his hand, was standing by the side of the cot alongwith three unknown persons.

(3.) PRAHLAD, P. W. 2, elder brother of P. W. 1, deposed that he had seen Hoshiyar and three other persons running from the field. At that time, Hoshiyar Singh was having Katta in his hand. When he attempted to follow them, Hoshiyar threatened him. In his cross-examination, he stated that he had only seen the back of Hoshiyar and he did not recognize Hoshiyar at his first site.