MANGU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 (2) Cr.P.C. has been preferred by the convict appellant Mangu Singh S/o Shri Amar Singh for assailing the judgment dated 23.11.2011 passed by learned District and Sessions Judge, District Jodhpur in Sessions Case No.11/2011 whereby, the appellant was convicted and sentenced as below:-

(2.) Narpat Singh S/o Shri Jalam Singh (PW.2) lodged a written report (Ex.P/8) to the SHO PS Bilara on 10.07.2010 at the Government Hospital, Borunda , District Jodhpur alleging inter alia that Mangu Singh S/o Shri Amar Singh (the appellant herein) came to his house on the same day at about 2:45 pm and called his brother Mahendra Singh out. No sooner had Mahendra Singh come out of the house, than Mangu Singh took out a knife and assaulted Mahendra Singh on his chest, abdomen etc. When Mahendra Singh screamed, Narpat Singh, the first informant and Sawai Singh reached there and saw that Mahendra Singh was lying down on the ground and Mangu Singh was assaulting him with a knife. Narpat Singh (PW.2) and Sawai Singh (PW.7) intervened to save Mahendra Singh from the brutal assault on which, the appellant herein ran away from the spot. Mahendra Singh was taken to the Government Hospital at Borunda where the doctor declared him dead whereupon, the report came to be lodged by Narpat Singh (PW.2) in the above terms. On further enquiry, Narpat Singh alleged that a dispute over 'Bada' was going on between Mahendra Singh and Mangu Singh, who had killed Mahendra Singh over this dispute.

(3.) On the basis of the report afore-stated, an FIR No. 272/2010 (Ex.P/29) came to be registered at the Police Station Bilara for the offence under Section 302 IPC and investigation was commenced. The dead body of Mahendra Singh was inspected and Fard Surathal Lash (Ex.P/2) was prepared. Autopsy of the dead body was undertaken at the Government Hospital, Borunda from where, postmortem report (Ex.P/11) was issued as per which, a stab wound was noticed under the second left rib of the victim extending deep inside the cavity to the extent of almost 12 cms. The stab wound damaged the internal organs and main blood vessels leading to the death of Mahendra Singh by excessive hemorrhage. The place of incident was inspected and site inspection plan (Ex.P/1) was prepared. Blood stained soil and control soil were collected from the place of incident vide seizure memos Ex.P/5 and Ex.P/6 respectively. The blood stained clothes of the deceased Mahendra Singh were collected and seized vide seizure memo Ex.P/7.