WARIAYAM SINGH ALIAS PILLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was indicted in Sessions Case No. 62/1995 before the learned Sessions Judge Alwar for having committed murder of Dilawar Singh. He was found guilty, convicted and sentenced under Section 302 IPC vide judgment dated November 1, 1996 to undergo imprisonment for life with fine of Rs. 500/-, in default to further undergo rigorous imprisonment for six months. THE said judgment of conviction has been assailed by the appellant in the instant appeal.

(2.) THE prosecution case can be compendiously stated thus - On June 11, 1995 at 10 p. m. a written report (Ex. P. 1) was lodged by the informant Preetam Singh e/o Dilawar Singh with the averments that earlier at 8 a. m. on that date there was a quarrel between Dilawar Singh and appellant Wariayam Singh over partition of the ancestral house. Wariayam Singh was hoard shouting that in case no final decision regarding partition was made, he would kill Dilawar Singh. After holding out this threat the appellant Wariayam Singh had gone away. THE informant or other members of his family did not believe that the appellant was really serious about the threat given out by him. On the same day around 7 p. m. . when Dilawar Singh was proceeding towards Railway Station and was in the process of passing in front of the T. B. Hospital, the appellant inflicted repeated knife blows as a result of which Dilawar Singh died at the spot. On the basis of the said written report the Police Station Aravali Vihar Alwar registered FIR No. (Ex. P. 2 ). for offence under Section 302 IPC and investigation commenced. Ex. P. 3 Is the sits inspection memo. Ex. P. 5 is the inquest report. Ex. P. 11 is the post-mortem report of the deceased, according to which, the cause of death was Injury to vital organ (heart ). Statements of witnesses wore recorded and the appellant was arrested. On the basis of the information (Ex. P. 17) a knife was recovered at the Instance of the appellant. On conclusion of investigation charge shoot was filed. In due course the case came up for trial before the learned Sessions Judge Alwar. Charge under Section 302 IPC was framed. THE appellant denied the charge and claimed trial. THE prosecution examined as many as 16 witnesses in support of its case. THEreafter in his explanation under Section 313 Cr. P. C. the appellant denied the allegations appearing in the prosecution evidence. He stated that the deceased had received Injuries In a road accident. Three witnesses were examined in defence. After hearing final submissions the learned trial court convicted and sentenced the appellant as indicated hereinabove.

(3.) MANSHA Singh PW. 1 in his deposition stated that around 7. 15 he was going towards Alwar Railway Station on a cycle, one tempo crossed him and slowed down. Wariayam Singh @ Pilla got down from the tempo. Dilawar Singh was coming on a cycle behind him. Wariayam Singh pushed Dilawar down from the cycle and inflicted knife blows on the left side of his chest and stomach. When he attempted to inflict third blow, MANSHA Singh caught hold of hie hand and he threatened MANSHA Singh for dire consequences. Thereafter Wariayam Singh went towards the village. MANSHA Singh immediately proceeded towards the house of Dilawar Singh and told his wife that Pilla inflicted two knife blows on the person of Dilawar. In the meanwhile Pilla also reached there and asked the wife of Dilawar that he made her widow.