SUKHDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant against the judgment dated 9.2.1984 of the learned Additional District and Sessions Judge No. 2, Alwar in Sessions Case No. 12/83 whereby the accused/appellant has been convicted of the offence Under Section 304 Part -II I.P.C. and has been sentenced to undergo R.I. for 7 years and a fine of Rs. 100/ - in default of payment of which, to further undergo R.I. for one month.

(2.) BRIEFLY stated, the relevant facts giving rise to this appeal are that the deceased Bilal Mev was married to Mst. Haseena r/o Odaka, who is the daughter of Mst. Asarfi. On 14.12.1982 at about 12 noon Bilal Mev was returning back for the first time after the marriage from the place of his inlaws alongwith his wife and mother -in -law, who were sitting in a bullock cart, which was being driven by Suleman. When they were passing through the nalla of Village Mubarakpur, the accused appellant came on a bicycle from behind them whose bicycle hit Bilal on his heels whereupon Bilal asked him to drive the bicycle carefully. At this, the accused got down from the bicycle and after taking out a knife from the pocket of his pent struck Bilal on his neck as a result of which he fell down on the ground and due to profuse bleeding died on the spot. The accused ran away from there. The witnesses Deen Mohammed and Aas Mohammed who were also coming with him tried to rescue him but could not do so. Deen Mohammed informed about the incident to the former Sarpanch Sita Ram. He reported the matter to the S.H.O., P.S., Ramgarh about which an entry was made in the Rojnamcha. The police reached the spot and recorded the statement of Deen Mohammed. It was sent to the Police Station after endorsement for registration of the case with Constable Satya Narain No. 893. On its basis, F.I.R. was registered and after necessary investigation, a challan for the offence Under Section 302 I.P.C. was filed against the accused appellant, The case was committed to the Court of Sessions for trial which was made over to the trial court. The trial court framed charge Under Section 302 I.P.C. against the appellant to which he pleaded not guilty and claimed to be tried. The prosecution examined 13 witnesses and got exhibited 12 documents and 8 articles to prove its case. In his examination Under Section 313 Cr.P.C, the appellant pleaded ignorance in the evidence against him and denied that he gave any information or got the knife recovered. He alleged that the knife in question was got from the market by the police and after putting spirit on the clothes, it was besmeared with blood but he did not produce any evidence in defence.

(3.) AGGRIEVED by the 'said judgment, the appellant has filed this appeal before this Court.