PREM KUMAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) -The Sessions Judge, Ganganagar, convicted, the appellant of the offence under Sec. 302, I.P.C., and sentenced him to imprisonment for life by his judgment dated Feb. 13, 1974.

(2.) The prosecution case, in brief, is that on 31-3-1973, Karamchand, the father of the deceased Arjan Das, along with Bachan Singh, Mohan Singh and Pyara Singh were working in the threshing, floor of Bhagat Singh. They were taking out Sarrso. At about 11.00 or 11.30, a.m., Karamchand (P,W. 1) heard the Roal of his son Arjan Das Mar Diya","Mar Diya". The Rola attracted him and he observed that the accused Prem Kumar was inflicting knife blows on his son Arjan Das, Within his sight the knife was inflicted by the accused Prem Kumar to Arjan Das on the left side of the chest. All of them, then rushed to the scene of occurrence. Thereupon, the accused ran away. Arjan Das was lying on the ground and bleeding from his wounds and succumbed to his injuries on the spot. Kishan Lal and Pritam Singh arrived at the crime scene. The occurrence was narrated to them. After some time Sohan Singh, Harbant Singh, Kishanlal and Pritam Singh brought the accused Prem Kumar after apprehending him. As stated by Karam Cband at the trial, his further version at the trial is that he along with Sohan Singh, Harbant Singb, Jaswanr Sirngh, Gurubux Singh took the accused to the Police Station and produced him there and he lodged a verbal report Ex. P/4. It was also reported by him in in first information report that when Kishanlal appeared at the scene of occurrence, he disclosed that the accused met them at the house and told them that Arjan Das considered himself to be a Gunda, so he has been killed. Thereafter he, was apprehended and was brought at the place of occurrence. Karamchand also stated in the report that 10-12 days prior lo the occurrence, the accused had told him that the deceased used to loiter around the house of the accused and as the accused has got a young sister, so the accused told him that he should mend his ways, else he will be dealt with properly. According to Karamchand, he gave necessary direction to the son Arjan Das. On the report Ex. P/4, Tribhuvan Singh, S.H.O. (P.W. 5) registered the case under Sec. 302, I.P.C. He arrested the accused vide memo Ex. P/7. Thereafter he visited the spot and prepared the site plan Ex. P/8 and site notes Et P/8 and Fard Surat Hal Lash Ex. P/9 and Panchnama Ex. P/10. The blood stained earth and simple earth were also seized from the spot vide memo Ex. P/11 and Ex. P/12 Dr. M. S. Bhatia conducted the post-mortem examination of the dead body of the deceased and the blood stained clothes were seized from the dead body memo Ex. P/13. While in custody, the accused on 8.4.1973 gave information in respect of the knife and in pursuance of that information got the knife Ex. 4 recovered vide memo Ex. P/14. As the investigating officer had suspicion of the presence of blood on the knife, the knife was packed and sealed and was sent for chemical examination. The chemical examination revealed presence of blood, but as the blood was insufficient for the Serological examination, it was not sent for that Rumination. Investigation was conducted from the witnesses and after completion on investigation, charge-sheet was presented against the accused and the accused was ultimately tried by the learned Sessions Judge, Ganganagar.

(3.) On reading over the charge under Sec. 302,IPG., the accused pleaded not guilty and claimed to be tried. The prosecution in all examined six witnesses, namely. Karamchand. complainant (P.W. 1), eye witnesses Pyara Singh and Mohan singh, P.W. 2 and P.W. 3 respectively, Kishan Lal (P.W. 4), Tribhuvan Singh, S.H.O. [P.W. 5) and Dr. M.S. Bhatia (P.W. 6). The statement of the accused was recorded, & a which be denied the prosecution case, and he stated that he had left the village at ) about 7.00, a.m., for selling cloth and returned back at 5.00, p.m. At that time the police was present. The police after apprehending him, took him to the police nation. In defence, the accused examined Desh Raj (D.W. 1) and Dr. S. M. Gupta (D.W. 2).