AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal stem from the judgment dated Feb. 21, 1997, rendered by additional Sessions Judge, Deeg District Bharatpur in Sessions Case No. 75/1990 (24/95) convicting the appellant under section 302 read with 34, 323 and 201 Penal Code to suffer imprisonment for life and fine of Rs. 500.00 in default to further suffer one month simple imprisonment, under section 323 to suffer simple imprisonment and fine of Rs. 200.00 in default to further undergo 15 days simple imprisonment and under section 201 of the Penal Code to undergo 3 years simple imprisonment and fine of Rs. 300.00 in default to further suffer one month simple imprisonment. All the sentences were directed to run concurrently.

(2.) The incident giving rise to this appeal alleged to have been occurred on July 10,1990, as per the - written report have been occurred on July 10,1990, as per the written report Ex.P/1 instituted by Maya Kaur PW/1. It was interalia stated in the report that around 3.30 PM when she along with her brother Balbir Singh was going to Village Barbada, they found. just ahead of Village Lavan, appellant Amar Singh, Dhanna Singh, Bood Singh and Pyar Singh, who obstructed their way. Dhanna Singh was armed with 'Pharsi' whereas others were having 'lathis'. They had a scuffle with his brother and they instigated each other to kill him without paying any heed to her request to spare her brother. Her brother died at the spot. His dead body was dragged by them to another field. This incident had been witnessed by Arjan Singh son of Shri Rana Singh and Arjan Singh son of Shri Jawahar Singh. Police Station Sikari registered a case under section 302 Penal Code and chalked a formal FIR No. 79/1990 (Ex.P/2). Dead body of Balbir Singh was subjected to autopsy vide (Ex.P/6), according to which the deceased sustained as many as 12 injuries, which are as under :

(3.) The death of Balbir was caused on account of hemorrhage and shock, as a result of injuries. The Investigating Officer drew inquest report. Site.plan was also drawn. Statements of witnesses under section 161 of the Code of Criminal Procedure were recorded. Appellant was arrested and at his instance Lathi was recovered. On conclusion of the investigation chargesheet was laid only against the appellant Amar Singh and Dhanna Singh and the investigation against Bood Singh and Pyar Singh was kept pending under section 173(8) Cr.RC. In due course case came up for trial before the learned Addl. Sessions Judge, Deeg. Charges, under section 302, 302/34 and 201 Penal Code were framed against the appellant, who denied the charges and claimed to be tried. During the pendency of the case Dhanna Singh absconded and after drawing the proceedings under sections 82 and 83 Crimial P.C., standing warrant was issued against' Dhanna Singh and the trial against the appellant proceeded. The prosecution examined as many as 9 witnesses in support of its case. In the explanation under section 313 Cr.PC. the appellant claimed innocence. No witness in defence however, was examined. On hearing the final submissions the learned trial court convicted and sentenced the appellant as indicated hereinabove.