NARAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Narain Singh and one Bachan Singh (acquitted by the trial court), were tried by learned Addl. Sessions Judge, Gangapur City for committing the murder of Anand Singh on the intervening night of 26th/27th Aug., 1974 and charges were framed against them under sections 302, 120-B and 394 I.P.C. The learned trial Judge acquitted Bachan Singh of all the charges framed against him. He however, convicted accused Narain Singh under section 302 I. P. C and sentenced him to life imprisonment and a fine of Rs. 500.00. He was also convicted under section 394 I. P. C. and sentenced to further ten years' rigorous imprisonment and a fine of Rs. 100.00. The substantive sentences were ordered to run concurrently.

(2.) The facts giving rise to this appeal are that on 15th July, 1974 Anand Singh (since deceased) after committing theft in his house left his village Maldevta, district Dehradoon in the company of accused Gabbal alias Narain Singh. They remained in Dehradoon for nearly If months and thereafter came to Sawai Madhopur. It is alleged that PW. 4 Ramu saw the accused and deceased taking meal in a hotel of PW. 3 Kishan at Sawai Madhopur. Prosecution case further is that after taking their meals, they boarded a truck which was being driven by accused Bachan Singh, All the three went to quarries where the labourers placed stones into the truck. While returning back, Bachan Singh dropped the accused and the deceased near Diwanji-ki-Babdi.

(3.) On 28th Aug., 1974 a dead-body was found floating in Babdi which was brought out and later identified as that of Anand Singh (since deceased) by accused Bachan Singh and others. During the course of investigation; accused Narain Singh was arrested by the police on 2nd Sept., 1974. At the time of recovery article 7 to 11 were recovered from his possession. At the instance of accused a knife article 14 and Sandal article 15 were also recovered. But the recovery of knife is not of much consequence as the Serologist failed to notice human blood upon it. The stolen article 7 to 11 were identified in the test identification parade by Kunwar Singh PW 9 and Smt. Asha Devi PW. 10, father and mother of the deceased. Both of them identified the article during the course of trial also. The learned Judge placed reliance on the statement of PW. 18 Anand held that the deceased was last seen in the company of accused. He, further held that the article 7 to 11 belonging to the deceased, were found from the exclusive possession of the accused. In the opinion of the learned Judge, these circumstances were sufficient to hold the accused guilty of the charges framed against him beyond reasonable doubt. He convicted and sentenced him as mentioned above. The convicted accused has come in appeal.