KAMAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellants Kamal Singh S/o Shri Anek Singh and Sher Singh S/o Shri Anek Singh who have been convicted by the learned Additional Sessions Judge No.1 (Fast Track), Dholpur in Sessions Case No.164/2001 for offence u/s 302/34 IPC and have been sentenced to imprisonment for life with a fine of Rs.500/- each, in default of payment of fine to further undergo one month's RI.

(2.) BRIEF facts giving rise to this appeal are that an FIR Ex.P-18 came to be registered on the basis of a written report Ex.P-17 given by Amar Singh (PW-11) in respect of an incident which took place on 10.4.2000 at about 2 O'clock in the afternoon stating therein that two persons namely Kamal Singh and Sher Singh were quarreling with his younger brother Arjent Singh. During the course of the quarrel, it is alleged that Sher Singh inflicted a lathi blow on the leg of Arjent Singh as a result of which he fell down. It is further stated that Kamal Singh took out a Katta (country-made pistol) and fired on Arjent Singh as a result of the aforesaid firearm injury, the blood started oozing from the deceased who had fallen down. He further stated that immediately Kamal Singh and Sher Singh, the accused, having seen the deceased fallen down, ran away from the spot. It has further been stated that while running, they scuffled with Amar Singh. It is stated in Ex.P-17 that he has brought Arjent Singh in an unconscious condition in a jeep with the help of villagers to the Government hospital where the doctor examined Arjent Singh and declared him as dead. As such, he has filed this report. He also stated that Gajsingh (PW-14) was also present on the spot. On the basis of the aforesaid report Ex. P-17 which was sent at 3.45 PM by ASI Ramswaroop, Police Station Basedi, District Dholpur from the hospital along with constable Ramesh Chand (408) to the Police Station on 10.4.2000 itself which was received at the police station at 4.00 PM. On the basis of the aforesaid written report, FIR Ex. P-18 was chalked out being FIR No.78/2000 for the offence u/s 302/34 IPC. Deceased Arjent Singh who was brought to the hospital at Baseri was examined by Dr. Anil Kumar Bansal (PW-2) who conducted the postmortem and the report of the said postmortem is Ex. P-4 on record. The aforesaid postmortem was conducted at about 3.30 PM on 10.4.2000 itself even before the report Ex. P-17 was filed. During the course of investigation which was initially conducted by ASI Ramswaroop, the same was later on changed and handed over to Daya Ram (PW-10), on 12.4.2000, ASI Ramswaroop prepared Panchnama of the dead body by means of Ex. P-2 on 10.4.2000 as well as blood stained stone and pieces of stones were recovered from the spot vide Ex. P-3 and site plan was prepared on 11.4.2000 by ASI Ramswaroop which is on record vide Ex. P-1 which shows the place of incident as well as other relevant features and reference of which has been given during the course of trial. Clothes of the deceased were also seized vide Ex. P-6 on 13.4.2000. Accused Kamal Singh was arrested on 12.4.2000 vide Ex. P-5 and on the basis of the information given by him, a Deshi Katta (.315 bore) was recovered at the instance of Kamal Singh vide Ex. P-8. The Katta was recovered on 21.4.2000. The co-accused Sher Singh was also arrested during the course of investigation on 19.5.2000 vide arrest memo Ex. P-9. On 12.4.2000 the alleged pieces of the bullet and pieces of rags (cloth) which are stated to be of the clothes worn by the deceased and taken out of the wound were handed over on 12.4.2000. On 19.5.2000 itself a lathi was allegedly recovered at the instance of the accused appellant Sher Singh vide Ex. P-13. The IO also stated that the weapon of offence and other articles which were seized, were sent to the Forensic Science Laboratory, Jaipur on 24.6.2000 vide Ex. P-14 and the acknowledgment for which is Ex. P-15 of the same date.

(3.) BEING aggrieved of the aforesaid judgment of conviction and sentence, the accused appellants have preferred this appeal before this court. During the pendency of the appeal, this court vide order dated 20.5.2003 suspended the sentence of accused appellant Sher Singh whereas the accused appellant Kamal Singh is in jail.