DUGAD SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.12.1996 passed by the Additional Sessions Judge, Nohar Camp Bhadra convicting the appellant of offence Under Sections 302 and 458 I.P.C. and sentenced him to imprisonment for life and to pay a fine of Rs. 1000/ -; in default of payment to further undergo six months simple imprisonment. The appellant has also been convicted for offence Under Section 458 I.P.C. and sentenced to 5 years rigorous imprisonment and to pay a fine of Rs.500/ -; in default of payment to further undergo one month simple imprisonment.

(2.) APPELLANT Dugad Singh and two other accused persons Hanuman Singh and Laxman Singh since acquitted were put to trial on the charge of murder of Chunni Ram.

(3.) ALL the three accused persons pleaded not guilty and claimed trial. The prosecution to prove the charge levelled against the appellant examined 8 witnesses and produced number of documents. The appellant and other accused persons in their statements Under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. The trial court found that the~ entire case rests on the single testimony of eye witness P.W. 5 Mst. Geeta. He found her testimony not wholly reliable and rejected the same as against the accused Hanuman Singh and Laxman Singh. Accordingly, the learned Judge acquitted the accused Hanuman Singh and Laxman Singh of offence Under Sections 302/34, 458 I.P.C. However, the case of the appellant was distinguished with the two other accused persons on the ground that in addition to the statement of P.W. 5 Mst. Geeta, there is also an evidence of recovery of weapon of offence against him. Accordingly the learned Judge convicted and sentenced the appellant Dugad Singh as noticed above.