GURDEO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated November 5,1985 passed by the Additional Sessions Judge, No. 2, Hanumangarh by which appellant Gurdeo Singh was convicted under section 302 I. P. C. and sentenced to imprisonment for life and a fine of Rs. 500/- in default of payment of fine to undergo six months R. I.

(2.) SUCCINCTLY narrated the prosecution case disclosed in the F. I. R. lodged by Mohd. Sadeek (P. W. I), brother of deceased Sharif Khan, at Police Station, Peelibanga at 1. 00 P. M. is that his brother Sharif Khan was visiting the house of Gurdeo Singh. Gurdeo Singh suspected Sharif Khan of having illicit relations with his wife. That day i. e. on August 5, 1984 at about 10. 00 A. M. he and his brother Sharif Khan were going to their field. Gurdeo Singh followed them and along with his brother proceeded ahead while talking with him. Mohd. Sadeek remained a littel behind. Gurdeo Singh inflicted 'kassi' blow on the back side of the neck of Sharif Khan. He fell down. Gurdeo Singh then inflicted another blow on his neck. On the informant raising cry, Gurdeo Singh ran away He went near his brother who was breathing slowely and after sometime died. He went to Usman Khan (P. W. 2) and told him the fact and along with him had come to the Police Station to lodge the report. The oral report was reduced into writing as Ex. P/1 by A. S. I. Jasbir Singh (P. W. 4) of Police Station Peelibanga. Dy. S. P. Mohan Singh (P. W. 7) who had gone for inspection of the Police Station Peelibanga on that day took the investigation in his charge and went to the site. He inspected the site and prepared the site plan Ex P/2 and site inspection memo Ex. P/8. At the instance of Mohd. Sadeek the panchayatnama of the dead body Ex. P/3 was prepared. The blood stained clothes were taken in possession. The postmortem examination of the dead body was conducted by Dr. Vijay Kumar (P. W. 6), Medical Officer, Peelibanga on the same day at 4. 00 P. M. at the site itself. The Doctor prepared the postmortem examination report Ex. P/7. He noted following injuries on the dead body: - 1. Incised wound 2. 5" x 0. 5" x 0. 2" on middle of occipital region of scalp horizontally directed. 2. Incised wound 5" x 1" x 2" just below angle of left law extending on neck over trachea and thyroid cartilage to right side of neck. Horizontally directed. Sterno mastoid. Muscles, canal artery, jugular vein cut, thyroid cartilage cut.

(3.) THE learned Public Prosecutor justifying the findings of the learned trial Judge and controverting the arguments of the learned counsel for the appellant submitted that when the case is duly established by the two eye witnesses, the medical evidence has rightly not been attached importance by the learned trial Judge, because the medical evidence is based on the opinion of the Doctor which cannot always be said to be exact. THE learned Public Prosecutor submitted that the 'kassi' was recovered at the instance of the appellant and having the same group of blood as that on the clothes of the deceased has rightly been considered to be a strong circumstance against the appellant.