SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Additional Sessions Judge, Raisinghnagar had found guilty Sher Singh of offence under Section 302, I. P. C. for committing twin murders, one of his wife Kartaro and the other of his son Nanak. The learned Judge has imposed upon the convict the extreme penalty of death. He has made D. B. Criminal Reference No. 3/1992 for confirmation of the death sentence. Convict Sher Singh has filed D. B. Criminal Jail Appeal No. 387/1992, whereby he challenges the correctness and legality of his conviction and the sentence passed upon him. The murder reference and the jail appeal have been heard together and are being disposed of by a common judgment.

(2.) THE prosecution story is that Sher Singh was resident of village PM I. Smt. Kartaro was his legally wedded wife and Nanak Ram was his son. Nanak Ram was married to Smt. Veero (P. W. 2 ). Sher Singh owned about 25 bighas of land at village PM I. Three years prior to the alleged occurrence, Sher Singh divided his land and gave 10 bighas of the same to Nanak Ram and retained the remaining land with him. Sher Singh and Nanak Ram started separate cultivation of the two parcels of land. THE appellant used to reside in a Dhani built on this land. On being separated, Nanak Ram built a separate Dhani on the land given to him and Nanak Ram an his wife Veero (P. W. 2) aforesaid started living separately from Sher Singh in this newly constructed Dhani. Sher Singh and his wife Kartaro did not enjoy good relations and hence Kartaro started living with her son and daughter-in-law on the new dhani built by her son.

(3.) THE same day i. e. on 10. 6. 91, at the request of police, Dr. Balwant Singh made post-mortem examination of Smt. Kartaro. According to Dr. Balwant Singh Smt. Kartaro died due to subdural haemorrhage due to ante mortem multiple injuries on her scalp. Dr. Singh prepared post-mortem report Ex. P. 4 in this regard. He found following injuries on her person: - 1. Incised wound 9x3cmxbone deep, on left side of forehead Extending to left parietal area of scalp with linear fracture of parietal bone (1t), Grievous-sharp, Duration within 3 days longitudinal. 2. Incised wound 10x3x2cm on Mind of scalp longitudinally simple- sharp, Duration within 3 days. 3. Incised wound 8x3x2cm on Rt. Occipital area of scalp, simple shart, within 3 days. 4. Incised wound 4x3x2cm on left occipital area of scalp simple sharp, within 3 days longitudinally. 5. Incised wound 2-x9x3x2 cm on left Hand palmer surface simple- sharp, within 3 days transverse. 6. 2-1/2 x2 x 1 cm on Rt. Forearm mid 1/3 lat. simple, sharp, within 3 days, Transverse. 7. Incised wound 7x3x- Rt. Clavicular area, vertical simple, Sharp within 3 days. 8. Lacerated wound 4x3x1/2 Rt. Ear, simple blunt within 3 days, longitudinal 9 Incised wound 5x3x2 cm on left Inguinal area oblique within 3 days. " According to Dr. Balwant Singh, injury No. 1 on the head was sufficient to cause death in the ordinary course of nature.