PANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Sessions Judge, Bhilwara has convicted the accused appellant Panna under Section 302 I.P.C. and has sentenced him to undergo imprisonment for life.

(2.) THE case of the prosecution is that the accused Panna and Saman -der had a common well in village Mandalgarh. A few days prior to the occurrence which is said to have been taken place on May 22, 1975, deceased Samander and the accused had quarrelled over some matter. On the day of the incident Ladu P.W. 2 who is the real brother of deceased Samander saw that Samander deceased and the accused were on the well. After about an hour he heard that Samander is lying dead. A report was lodged in the police station by one Geesa P.W. 3 but the name of the accused was not mentioned therein because having come to know that Samander was lying injured, Geesa immediately went to the police station. The accused was suspected of having committed the offence and was arrested His clothes were found to be blood stained and were seized and sealed. After his arrest on a discovery statement made by the accused under Section 27 of the Indian Evidence Act, an axe alleged to be the weapon of offence was recovered. A charge under Section 302 I.P.C. was framed against the accused and he pleaded not guilty and claimed to be tried. The prosecution examined six witnesses and the accused was examined under Section 313 Cr. P.C. He stands on a bare plea of denial.

(3.) THE learned Sessions Judge placing reliance on the evidence of Ladu who gave evidence about the fact that the deceased was last seen in the company of the accused, on the recovery of blood stained clothes, on the recovery of the blood stained axe, convicted and sentenced the accused as aforesaid.