DEVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) he appellant has preferred instant appeal under Sec. 374 of the Code of Criminal Procedure, 1973 against impugned Judgment and Order dtd. 18/10/2023 passed by the Additional Sessions Judge No. 3, Beawar, District Ajmer in Sessions Case No. 7/2023 (47/2020) titled as "State of Rajasthan Vs. Devendra Singh @ Deva", whereby accused-appellant has been convicted for the offence under Sec. 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs.10,000.00 and in default of payment of fine, to further undergo four months' additional simple imprisonment.

(2.) Brief facts relevant and germane for disposal of present appeal are that on 17/2/2020, Shri Gyandev Sharma, A.S.I., Incharge of the Police Station Jawaja (PW-15) received an information through telephone that one person was murdered in Village Bhuriya Kheda Khurd Khatela and dead body was lying on the cot in the field, upon which, Shri Gyandev Sharma, A.S.I. along with team reached at the spot, where dead body of one person was lying on the cot in the field and his throat appeared to have been cut with a sharp weapon. A broken beer bottle was found lying on cot, which was bloodstained. Probably, he appeared to have been hit with said glass bottle. The bistar and shawl were bloodstained. Brother of the deceased, namely, Dau Singh was present at the spot, who identified the dead body as of his brother Sohan Singh. The death of the deceased took place in suspicious circumstances, therefore, higher officers were informed about the circumstances by Incharge of the Police Station. For collecting evidence, F.S.L. Team and Mobile Forensic Team, Dog Squad from Ajmer and Circle Officer Beawar & Ramendra Singh, S.H.O. Beawar City were called at the spot. The brother of the deceased Sohan Singh, namely, Dau Singh submitted the report at the spot (Ex.P/7) stating that today in the morning at around 8.00 a.m., his brother Sohan Singh had left the house saying that he was going to the field. Jeevan Singh of their village told him that on 17/2/2020 in the morning at around 11-12 O'clock, Devendra Singh and his brother Sohan Singh were consuming liquor on Jeevan Singh's cot and were abusing. Jeevan Singh left them quarreling and went away. Jeevan Singh returned to his field at around 2.00 p.m. then, Sohan Singh was lying dead on the cot and blood was oozing from his neck and bloodstained beer's broken mouth was lying on the cot. Jeevan Singh informed them, upon which, he reached at the field, then his brother Sohan Singh was lying dead on the cot. Devendra Singh of their village has murdered his brother etc.

(3.) On the basis of said report, an F.I.R. No. 47/2020 came to be registered at the Police Station Jawaja, District Ajmer for the offence under Sec. 302 of I.P.C. and investigation was commenced. After conclusion of investigation, the police submitted charge-sheet against accused-appellant for the offence under Sec. 302 of I.P.C. before the Court of learned Judicial Magistrate No. 1, Beawar who committed the case to the Court of Sessions from where it has been transferred to the Court of Additional Sessions Judge No. 3, Beawar (hereinafter referred to as "learned Trial Court").