KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Kuldeep Singh (for short, the accused) was indicted before the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jaipur in Sessions Case No. 13 of 1995 for having committed murder of Lakhvinder Singh. The learned Trial Judge vide judgment dated Dec. 12, 1995 convicted and sentenced the accused under section 302 Penal Code to suffer imprisonment for life and a fine of Rs. 1,000.00 and in default to further undergo 6 months rigorous imprisonment. Against this judgment of conviction that the present action for filing the instant appeal has been resorted to by the accused.

(2.) The prosecution case as pictured during trial may be summarised thus, The informant Gurumukh Singh PW1 submitted a written report with the Police Station Sadar, Jaipur on Nov. 2, 1994 at 9:05 PM with the averments that around 7:45 PM on the said day, the accused inflicted axe blow on the head of Lakhvinder and fled away. Lakhvinder was admitted to the SMS Hospital. The Police Station Sadar, Jaipur registered a case under section 307 read with 341 of the Indian Penal Code bearing FIR No. 277/1994 (Ex.P) and investigation commenced. Site Plan Ex. P3 was drawn, blood smeared soil was seized vide Ex. P4 and the injuries sustained by Lakhvinder were examined by Ex. P7; Lakhvinder was operated upon on Nov. 4, 1994 and on Nov. 7, 1994 he died. Thereafter, the case was converted into one under section 302 Indian Penal Code Autopsy on the dead body of the deceased was conducted vide Ex. P16. As per the post mortem report, the death of the deceased was caused as a result of ante mortem injuries to skull and brain. The accused was arrested and on the basis of his discloser statement under section 27 of the Evidence Act, the blood stained axe was recovered. The blood stained clothes, soil and axe were sent to F.S.L. On completion of the investigation charge sheet was Lald. In due course, the case camp up for trial before the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases Jaipur. Charge under section 302 was framed against the accused who denied the charge and Claimed trial. The prosecution in support of its case examined as many as 14 witnesses and exhibited 16 documents. In the Explanation under section 313 Crimial P.C., the accused Claimed innocence and stated that he was falsely implicated. One witness in defence however was examined by the accused. The learned Trial Court on hearing the final submissions convicted and sentenced the accused as indicated hereinabove.

(3.) To substantiate the charge, levelled against the accused, the prosecution relied primarily upon the ocular version of 4 eye witnesses of the occurrence namely Lallu Lal PW2, Guljar Singh PW3, Shamsher Singh PW4 and Smt. Kuldeep Kaur PW8. A close look at the testimony of the said witnesses demonstrates that all of them categorically deposed that the accused inflicted injuries on the person of the deceased with the sharp side of the axe. Lallu Lal PW2 and Kuldeep Kaur PW8 were however not named in the FIR.