AKHEY SINGH Vs. STATE OF RAJ

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused appellant under Section 374(2) Cr.P.C. against the judgment dated 20.01.2015 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Act Cases), Barmer in Session Case No. 44/2013 (74/11, 108/11) by which learned Judge convicted the accused-appellant for offences under Section 302 & 450 IPC and sentenced him as under :-

(2.) Brief facts of the case are that a written report (Ex.P/6) was filed by one Karan Singh at the Police Station, Dhorimana, District Barmer stating therein that on the night intervening 19th and 20th July, 2011 at about 11:30 PM, his brother Laxman Singh was sleeping in the courtyard of his own Dhani. Upon hearing some clatter, he woke up and saw a person entering house of his brother. When the complainant followed, he saw accused Akhey Singh inflicting an axe blow on the neck of Laxman Singh who raised an outcry upon which the complainant and Mana Ram reached the courtyard. The accused Akhey Singh threatened them saying that he had killed one and if they came near him then he shall kill them too. Thereafter he fled from the place of occurrence. It was stated that since it was a moon night, they could identify the accused Akhey Singh who used to cultivate their land.

(3.) On the basis of the said report, the Police registered the FIR for offences under Sections 458, 302 IPC and started investigation. After usual investigation, the police filed charge sheet against the accused-appellant for offence punishable under Sections 450 & 302 IPC.