GORDHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.10.1995 passed by the Sessions Judge, Rajsamand convicting the appellant Gordhan Singh of offence under Sec. 302 I.P.C. and sentenced him to imprisonment for life and to pay a fine of Rs. 1000.00; in default of payment to further undergo three years rigorous imprisonment. The appellant has also been convicted for offence under Sec. 447 I.P.C. and sentenced to three months rigorous imprisonment. Both the sentences have been ordered to run concurrently. The appellant has also preferred an appeal from Jail, which has been registered as D.B. Criminal Jail Appeal No. 519/1995. Both the appeals are heard together and disposed of by this common judgment.

(2.) Briefly stated that prosecution case is that an 29.8.1994 at about 12 Noon, PW. 7 Naval Singh lodged a F.I.R. Ex. R 6 at Police Station. Rajnagar stating inter alia that his mother has been killed by Gordhan Singh by lathi. He also stated that the incident was witnessed by PW. 2 Vijay Singh and PW. 6 Kunwar Singh. The accused entered in his house and struck a lathi blow on his mother. She was taken to the hospital by Narayan Singh, Gamer Singh, Hari Singh, Kunwar Singh, Nahar Singh, Nirbhay Singh Meethalal, Leeladhar etc. On this information, police registered a case for offence under Sec. 302 I.P.C. and proceeded with investigation. After usual investigation the police laid charge-sheet against the appellant for offences under sections 302 & 447 I.P.C.

(3.) The appellant pleaded not guilty to the charges against him and claimed trial. The prosecution in support of the case examined 14 witnesses and produced certain documents. The appellant in his statement under Sec. 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. He also stated that he had a dispute with Kanwar Singh & Vijay Singh with respect to grazing of cattle in the field. A Panchayat was also arranged. He was being paid money for the loss as per the directions given by the villagers. Thereafter, he returned to the field. On the same day, he was arrested by the police. Analysing the evidence on record the trial court found that the charges levelled against the appellant proved. Accordingly, he has been convicted and sentenced as noticed above.