BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Nov. 18, 1997 passed by learned Sessions Judge, Kota, whereby the appellant- Bhanwar Lal has been convicted for offence under Sec. 302 Penal Code and sentenced to undergo imprisonment for life.

(2.) The brief facts of the prosecution case are that PW- 17 Lalsingh, A.S.I. Incharge, Police Outpost, Indira Gandhi Nagar, P.S. Udhyog Nagar, Kota submitted a written report Ex.P22 at Police Station Udhyog Nagar on Jan. 17, 1995 at 4:10 p.m. It was inter alia stated in the written report that today at 3:40 p.m., he had reached at Power House Circle on Govt, duty, where Dileep Singh (PW- 11)- Jailor, Central Jail, Kota and Badrilal Meena (PW- 12)- Jailor, Subjail, Chhabra met him and told him that they wanted to get a pair of now shoes made from a shoemaker. Thereafter he called Kishan Mochi from his house through Suresh. Kishan took measurement of the feet of Dileep Singh and Badrilal. When he, Dileep Singh and Badrilal were talking with one another, Bhanwar Lal S/o Prabhulal, by caste- Bairwa came near them. He was having a Farsi stained with blood. Bhanwar Lal said that he had caused injuries with Farsi to Motha Singh (Mota Singh)- Sikh, R/o- Kansua and Parmanand, Raigar, R/o- Indira Gandhi Nagar and they are lying in an injured condition in the courtyard of his house. With the help of both the Jailors, he caught hold of Bhanwar Lal and took him to the place of incident where he found both Motha Singh and Parmanand unconscious and injured. Thereafter he brought Bhanwar Lal to the Police Station alongwith the Farsi. It was also stated in Ex.P22 that on his way to Police Station, he had informed the SHO on telephone about the incident. On the basis of Ex.P22, a formal F.I.R. Ex.P23 was written and the SHO registered a case against the appellant Bhanwar Lal under Sec. 307 & 323 Penal Code and investigation commenced. The Investigating Officer seized and sealed the Farsi vide Ex.PIO. The appellant Bhanwar Lal was arrested vide Ex.P14 and Shirt stained with blood, which the appellant was wearing at the time of arrest was also seized and sealed by the I.O. vide Ex.P13. Both Mota Singh and Parmanand died on Jan. 7, 1995 and the investigation proceeded for the offence under Sec. 302 Indian Penal Code Inquest report of the dead bodies of both the deceased Ex.P26 and Ex.P27 were prepared by the I.O. on Jan. 18, 1995. Site Plan Ex.P 9 was also prepared. Blood found on the place' of occurrence was seized and sealed vide Ex.P16. Some hair stained with blood were found at the spot and the I.O., seized and sealed those hair vide Ex.P17. Post-mortem examination on the dead bodies of both the deceased was conducted by PW- 13 Dr. Y.K. Sharma, Medical Jurist, Kota and he prepared the post-mortem reports Ex.P11 and Ex.P12 Pant & Shirt of deceased Mota Singh and a 'Jerkin of deceased Parmanand were also seized and sealed vide Ex.P28 & Ex.P29 by the I.O. Statements of the witnesses were recorded under section 161 Crimial P.C. On completion of the investigation, a charge sheet was Lald against the appellant in the Court of Judicial Magistrate No. 5, Kota (North), Kota, who committed the case to the Court of learned Sessions Judge, Kota.

(3.) Learned Sessions Judge framed a charge under section 302 Penal Code against the appellant Bhanwar Lal, which was denied by him and the appellant Claimed to be tried.