AJAIB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge No. 2, Hanumangarh dated 24.9.1991 whereby he has convicted the accused-appellant Ajaib Singh under Section 304-II I.P.C. and sentenced him to 7 years R.I. with a fine of Rs. 500/- and in default of payment of fine to further undergo six months S.I.

(2.) Briefly stated the facts of the case are that on 14.5.1989 one Tilok Singh lodged an oral report at P.S. Pilibanga alleging that his mother Kartar Kaur who has expired firstly married, with Bhagsingh and out of that wedlock one son Mohan Singh Born. He alleged that after the death of Bhagsingh, she got married with Mahanga Singh and out of this wedlock he, Anokha Singh, Santosh Singh Bom. Anokha Singh and Santosh Singh are residing in Punjab whereas he and Mohan Singh are residing at Nandevali Dhani and their houses are adjacent was also, alleged that for the last two-three days Anokha Singh had come to see him. On 13.5. 1989 at about 7.30 in the evening Anokha Singh came to his house in drunken state thereupon Mehga Singh slinked Anokha Singh for taking liquor. The deceased Megha Singh called bad names to Moh, In Singh or administering liquor to Anokha Singh due to which Mohan Singh and his sons Nayab Singh, Ajaib Singh and Gumayab Singh got angry and came in the lane of their house and started abusing. It was further alleged that Ajaib, Singh had a Candasi with him and three others were having lathies with, P.Ws. 1. Thereupon father of the informant asked P.Ws. 1. why they are abusing whereupon Ajaib Singh with a view to kill his father inflicted Candasi blow on the head of Mehga Singh due to which he fell down and the remaining three accused indicted lathi blows on the person of the deceased and when he tried to rescue, Gumayab Singh inflicted a lathi blow on his right Mothe. After hearing the noise Sher Singh and Darshan Singh reached on the spot and when they called accused persons they went to their hone. Thereafter they took the injured to Goluwala Hospital and the injured was declared dead. On this report a case under Sections 302, 324, 34 I.P.C. was registered against the accused persons. The dead body of Mehga Singh was sent for post mortem examination and it was conducted vide Ex. P-16. Injury report of Tilok Singh was prepared vide Ex. P-15. One blood stained Chola was seized vide Ex. P-6. Site Plan (Ex.P-4) and Panchayatnama of the dead body vide Ex. p-3 were prepared. From the place of incident blood stained, soil and normal soil was seized vide Ex. P-5 and the appellant was arrested vide Ex. P-22. The other accused persons were arrested and on the information Ex. P-25 of the accused appellant Candasi was recovered vide Ex. P-b. The articles were sent for chemical examination and the F.S.L. report was received vide E-: P-27. The witnesses were exarnination. After completion of the usual investigation, a challan under Sections 302, 326, 323 and 349 I.P.C. was filed against the accused persons in the court of learned Munsif and Judicial Magistrate, Suratgarh. The learned Magistrate committed P.Ws. 1. to the court of learned Sessions Judge, where against the appellant Ajaib Singh, charge under Section 302 I.P.C. was framed and against the other accused persons viz. Nayab Singh, Mohan Singh and Gurnayab Singh charge under Section 302 read with Section 34 I.P.C. was framed to which the accused persons pleaded not guilty and claimed trial. The prosecution in support of its case examined P.W: 1 Darshan Singh, P.Ws. 2 Anokha Singh, P.Ws. 3 Tilok Singh, P.Ws. 4 Sher Singh, P.Ws. S Dr. Vijay Kumar Shyamsukha, P.Ws. 6 Mohanlal H.C., P.Ws. 7 Kailash Chand, S.H.O., P.Ws. 8 am prakash and, also produced documents Ex. Ito Ex. P 27 The accused persons in their statement under Section 313 denied corn milling of offence by P.Ws. 1. Accused persons Ajaib Singh stated that they have been falsely implicated they were not present at the place of occurrence. After conclusion of the trial, the learned Additional Sessions Judge while acquitting the accused Mohan Singh, Nayab Singh, and Gurnayab Singh of the offence under Section 302 read with Section 34 I.P.C. convicted and sentenced the accused appellant Ajaib Singh as aforesaid. Hence, this appeal by the accused Ajaib Singh.

(3.) Learned counsel for the appellant has assailed the findings arrived at by the learned Additional Sessions Judge on the sale testimony of Tilok Singh and on the basis of circumstantial evidence. He has placed reliable on Shard Birdhichrind Sarda v. State of Maharashtra and Kabul Khudia v. State of Rajsthan.