VEERA ALIASBALVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a Jail appeal by accused Veera @ Balveer Singh against the Judgment dated February 2,1978 of the Additional Sessions Judge, Sri Ganganagar convicting the appellant under Sec. 302 I. P. C. and sentencing him to imprisonment for life.

(2.) BRIEFLY narrated the prosecution case is that at about 10 P. M. on February 20, 1977, P. W. 1 Mithu Singh, P. W. 3 Natha Singh, P. W. 4 Daleep Singh and the accused-appellant Veera @ Balveer Singh were playing cards at the house of deceased victim Baba Singh in village Sujawalpur, District Sri Ganganagar. During the game of cards, quarrel arose between the accused and the deceased victim. The accused suspected that the deceased victim had illegally retained acard with him. There was a scuffle between two and the persons who were present there, separated the accused and the deceased victim and thereafter, the accused and the other person went to their houses. It is alleged that after half an hour, the accused Veera alongwith Gurdeo Singh (Co-accused Acquitted) came outside the house of the deceased victim. They challenged him to come out and started abusing him. It is alleged that the victim and his mother Gurnamkaur (PW. 2) came out and asked the accused and his companion not to abuse them Thereupon, Gurdeosingh caught hold of the deceased victim Babasingh and the accused struck a blow on his chest with the Barchha, which he had brought with him. The injury was fatal and the victim succoumbed them and there. A report (Ex. P. 1) of the occurrence was lodged at police Station Himddmalkot at about 12. 10 A. M. on February 21, 1977, by Mithu Singh (P. W. 1 ). The police registered a case and proceeded with investigation. The Investigating Officer prepared the Inquest Report of the victim's dead body and also inspected the site. The post-mortem examination of the victim's dead body was conducted on February 21, 1977 at 2. 30 P. M. by P. W. 6 Dr. Kailash Nath Markandey, the then Medical Officer Incharge, Primary Health Centre, Shivpur. On examination, he found the followig injury on the victim's dead body: "1. Stab wound 1. 2" x. 6" thorasic cavity 2" lateral to sternum on left side of chest at 2nd inter costal space it was caused by sharp and penetrating weapon. " The injury was stated to be anti-mortem caused by some sharp edged weapon. The Doctor was of the opinion that the victim had died due to heamorrhage on account of the injury to the left lung. He also stated that the injury was sufficient in the ordinary course of nature to cause the death. The accused was arrested and in consequence of the information furnished by him whilst under police custody. Barchha was recovered. The clothes of the deceased victim were also seized and sealed. All these articles were sent for chemical examination and they were found stained with human blood as per the reports of the Forensic Science Laboratory and the Serologist.

(3.) WE have given our thoughtful consideration to the respective contentions of the learned counsel for the parties.