CHHINDERPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Chhinderpal Singh accused has filed this appeal against his conviction under sections 302 and 201 I. P. C. by the Sessions Judge, Sri Ganganagar, for the murder of his own father Gurdayal Singh.

(2.) On 20th Feb., 1972, an anonymous information in the form of a written typed letter was received by the police station Muklava that one Gurdayal Singh resident of chak 10 M.K.. has been murdered ten-twelve days before by the members of his family and his dead body has been buried in the Roodi of their compound. The informant said that he was a poor Harijan and he could not inform earlier because he was afraid of the accused party but now his conscious was not permitting him to keep it secret. Investigation commenced on 12th March, 1972. S. H. O. Tribhuvan Singh took in custody Chhinderpal Singh and Baljinder Singh, sons of the deceased. He recorded the information given by Chhinderpal Singh and then after obtaining orders from the S. D. M. Raising Nagar, he went on the spot and not the dead body disinterred at the instance of the accused in the presence of motbirs and Dr. S. M. Sharma. Panchayatnama was prepared and so also recovery memo of the dead body. He also recovered an axe at the instance of the same accused Chhinderpal Singh, after recording his information under section 27 of the evidence Act. The police submitted the final report under section 169 Cr P. C. but the Magistrate took cognisance of an offence under section 302 I. P. C. against the two accused and commenced the enquiry. After commitment the trial was conducted by the Sessions Judge Sri Ganganagar.

(3.) As a result of the trial, the present accused appellant Chhinderpal Singh has been convicted and sentenced as above and the other accused, his brother Baljinder Singh has been acquitted.