PALA SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This appeal is arising out of judgment dated 28th Feb. 2007 passed by learned Additional Sessions Judge, Fast Track, Hanumangarh, whereby the accused appellant was convicted for the offences punishable under Sections 450, 302, 307 and 324 Indian Penal Code and sentenced as under:- <FRM>JUDGEMENT_153_LAWS(RAJ)12_2013.htm</FRM>

(2.) Briefly stated the case of the prosecution is that on 25th Oct. 2004 Ramesh Kumar, Sub Inspector of Police Station Sangariya PW 8, recorded the statement (Ex.P.1) of (PW 1) complainant and injured Jeevan Singh S/o Bhaag Singh in presence of (PW 3) Smt. Natthi to the effect that the house of Pala Singh S/o Mahendra Singh is situated behind his house and Pala Singh used to perform the gambling activities in his house and the boundary wall of his house is dismantled by wherefrom persons relating to Pala Singh to to the house of Pala Singh. In the night about 11:00 p.m. people were going to the house of Pala Singh through his (Jeevan Singh) house to perform gambling activity then his wife Gamma @ Gurnam Kaur made complaint to Pala Singh that people may not be permitted to come through her house, due to which, he (Pala Singh) became annoyed and brought a Gandasi from his house and inflicted Gandasi blow on the head of his wife with intention to cause her death which resulted in heavy bleeding from her head and due to it his wife became unconscious, when he intervened, Pala Singh inflicted Gandasi blow on his head resulting in bleeding from his head and one injury was inflicted on his left palm from which also blood was oozed and when he shouted "Mare mare his mother and Banwari Lal came on the spot. They intervened otherwise Pala Singh would have inflicted more injuries to them. Pala Singh inflicted injuries with intention to cause his death and also the death of his wife. Thereafter, his mother got admitted him and his wife at Govt. Hospital Sangariya.

(3.) On these statements, a case was registered under Sections 458 and 307 Penal Code at Police Station Sangariya as FIR No. 608/2004 and investigation was commenced. During investigation, at 7:30 p.m. on 25.10.2004, injured Gamma @ Gurnam Kaur succumbed to injuries. Injury report of injured Jeevan Singh and Gamma @ Gurnam Kaur were obtained. Dead body of deceased Gamma @ Gurnam Kaur was sent for post mortem and post mortem report was obtained. Accused appellant was arrested on 11.11.2004 vide arrest memo Ex.P.27. In pursuance of information submitted by the appellant accused weapon of offence (blood stained Gandasi) was recovered on 12.11.2004 vide recovery memo Ex.P-6 which was sent for examination to FSL. Blood stained soil and control soil were seized and sealed from the place of incident, garments of injured and deceased were also seized and sealed and all were sent for serological examination to Forensic Science Laboratory, Jodhpur. Inquest report of dead body was also prepared and FSL Report was obtained. Statements of witnesses were recorded and after investigation challan under Sections 302, 307, 450, 326 and 324 was filed on 08.12.2004 before the learned Addl. Chief Judicial Magistrate, Sangariya.