GOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the jail appeal and the appeal presented through advocate arise out of the same judgment and order of the Sessions Judge, they arc disposed by this common judgment.

(2.) The appellant, Gopal Singh, has been convicted by the Sessions Judge, Jhalawar for the offence under section 302 Penal Code and sentenced to life imprisonment and a fine of Rs. 2,000.00. In default of payment of fine he has been directed to undergo rigorous imprisonment for six months. Against this conviction and sentence made on 5.11.1993, the appellant has preferred this appeal.

(3.) The facts of the case lie in a very narrow compass. The accused party as well as deceased party were cousins and most of the witnesses are also related. It so happened that on 18.2.1991 at about noon time in village Sunari, which falls under Police Station Gangdhar, Distt. Jhalawar, P.W. 6 Nepal Singh and the accused Gopal Singh went to the well, which was joint in the name of Nepal Singh and complainant P.W. 9 Shiv Singh. The deceased Ranjit Singh, who was brother of complainant Shiv Singh also came there. The accused Gopal Singh started drawing water from this well, when he had no share in it. He was restrained by the complainant party, upon which he stopped drawing the water, but he soon called Bhairon Singh and Kripal Singh and with their aid he again started taking water from the well. Ranjit Singh stopped the chadas, upon which Gopal Singh appellant and Bhairon Singh, who was also accused, who died during the trial, took out saliya from the cart and Gopal Singh gave a saliya blow on the head of Ranjit Singh. Bhairon Singh and Kripal Singh also gave blows to Shiv Singh. Ranjit Singh became unconscious. He was first taken to the doctor at Gangdhar, but the doctor was not available. Then they proceeded to Chommahala where they could not find a doctor. Thereafter they engaged a jeep and proceeded to Nagda where the deceased was admitted at the Birla Hospital. The doctors treated him and removed clotted blood from the head injury but he died on the evening of 20.2.1991. The Nagda Police prepared a panchnama of the dead-body and got the post-mortem conducted and then transferred the papers to the Police Station Gangdhar as the incident had taken place within the area of this Police Station. For the first time a report was lodged at the Police Station Gangdhar on 21.2.1991, which is Ex.P/14.