MANIYA MANI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned Sessions Judge, Sirohi dated 5.8. 1993 passed in Sessions Case No. 20 of 1991, whereby the learned Sessions Judge has convicted the accused-appellant Maniya Manisingh of the offence under s. 302 I.P.C. and has sentenced him to imprisonment for life together with a fine of Rs. 100/- and in default, to further undergo one months simple imprisonment.

(2.) According to the prosecution story, it is alleged that on 1.11.1989, the first informant Wali Mohd. (P.W. 9) was standing in front of Neel Kamal Hotel and was talking with P.W. 6 Ayub Mimy other people were also standing there. In the meantime, they saw deceased Bakshu Khan alongwith his youngest son Karim Khan coming on the road with fodder of goat towards bus stand. When both of them reached near the place earmarked for celebration of Holi Festival near the electric pole, where there are Babool trees, the appellant came running from behind the babool trees armed with a Danda which appeared to be fitted with Dhariya. He started beating Bakshu Khan on his head and face etc. Bakshu Khan fell down and his son started crying. The first in formant P.W. 9 and P.W. 6 Ayub Khan also made hue and cry and exhorted people there to help but no one came to intervene or rescue Bakshukhan from the assault. After assaulting Bakshu Khan, the appellant ran away towards the lane of Thakardas. The first informant P.W. 9 and P.W. 6, Ayub Khan chased the appellant to some distance but no one came behind them. Therefore, they returned due to fear. In the meantime, P.W. 2 Ismail Khan came on the spot. According to the first informant, the legally wedded wife of appellant was living with deceased Bakshu Khan as his wife for the last 10 to 12 years due to which there was enmity between the appellant and the deceased. Due to the aforesaid enmity, the appellant has committed the murder of deceased Bakshu Khan.

(3.) The aforesaid written report Ex. P. 9 was given by first informant to P.W. IS S.H.O., Police Station, Mandar at the bus stand from where the S.H.O. sent the said report after obtaining the signature of Wali Mohd. through Nanu Ram to Police Station, on the basis of which, a formal F.I.R.Ex. P. 21 was drawn and investigation commenced.