KALU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRITHVI Singh and Parbat Singh, two old aged neighbours were found beheaded in the morning of October 5, 2001. Police Station Pagaria was approached and in the course of investigation the police came to the conclusion that it was Kalu Singh (herein after described as `accused') who had committed the crime. The accused was placed on trial before the learned Additional Sessions Judge (Fast Track) No. 3 Jhalawar in Sessions Case No. 74/2003. Learned Judge vide judgment dated August 7, 2003 convicted and sentenced the accused as under:- U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer Six Months Simple Imprisonment. U/s. 459 IPC: To suffer Rigorous Imprisonment for Five Years and fine of Rs. 500/-, in default to further suffer One Month Simple Imprisonment. The substantive sentences were directed to run concurrently.

(2.) IT is the prosecution case that Prithvi Singh had five daughters, therefore he took the accused in adoption. On the pursuation of Prithvi Singh, accused left the house of his original father and came with his wife to the house of Prithvi Singh and started residing there. Soon the dreams of Prithvi Singh broke into pieces and he ousted the accused from the house and demanded the adoption deed back. Thereafter on October 5, 2001 Prithvi Singh and Parbat Singh found dead. Madan Singh son of Parbat Singh lodged the report with the Police Station Pagaria camp Kholkheri. A case under sections 302, 34 and 460 IPC was registered and investigation commenced. Autopsy on the dead bodies were performed. Statements of witnesses under Section 161 Cr. P. C. were recorded. Marks of foot-prints were lifted. The accused was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 3, Jhalawar. Charges under Sections 302 and 459 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 24 witnesses and got exhibited 34 documents. In the explanation under Sec. 313 Cr. P. C. , the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the accused as indicated herein above.

(3.) IN the site plan (Ex. P-3) which was drawn in the presence of Motbirs Balu Singh s/o Parbat Singh (PW. 2) and Balu Singh s/o Mangi Lal (PW. 8) on October 5, 2001 at place `x' beheaded dead body of Prithvi Singh was found lying on a cot. Just near to it at place `z' imprint of `left foot' measuring 8. 7" was seen. Photos of dead body of Prithvi Singh and chance foot print got photographed on October 5, 2001 at 9. 45 AM, vide memo Ex. P-28. The accused was arrested on October 9, 2001 at 11. 30 A. M. Photos of left and right foot of the accused got seized vide memo Ex. P- 29a. Negative and coloured photographs of chance foot print photographed from crime scene on October 5, 2001 and specimen of left and right foot prints of the accused on two sheets were sent for comparison to the Director Finger Print Bureau Rajasthan by the Superintendent of Police Jhalawar vide letter dated December 5, 2001 (Ex. P-33 ). Director Finger Print Bureau in the comparison report Ex. P-29 indicated that chance foot print photograph was examined and compared with the specimen left and right foot prints of the accused. Chance foot print photograph was similar with specimen left foot print mark of the accused and chance foot print and left foot print of the accused were made by the same foot i. e. left foot of the accused.