BHARAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been submitted by the accused-appel lant through the jail against the judgment of the learned Sessions Judge, Bhilwara, convicting him under Sections 302 and 326, I.P.C. and sentencing him imprisonment for life and three years respectively and payment of fine of Rs. 100.00 under each count. The facts of the case giving rise to this appeal may be summarised thus.

(2.) Houses of the accused Bharat Singh Rajput and the deceased Devilal and his son Ashutosh (injured) are situated in Sanjay Nagar Colony, Bhilwara. On 16/03/1988 at about 10 P.M., the accused was standing in front of the house of the deceased Devilal and was abusing him. On the intervention of the informant Ladulal P.W. 2, he (accused) returned to his house saying that the deceased had challenged a Rajput and he would be done away. He came back from his house with a sword and came inside the house of deceased Devilal. There he attacked deceased Devilal and his son Ashutosh with his sword and inflicted several injuries with it on them. On their hue and cry, several persons of the locality were attracted there and he ran away. The injured Devilal and Ashutosh were brought to the hospital. Ladulal P.W. 2 lodged report Ex. P/1 in the police station the same night at 11.30 P.M. On its basis, FIR Ex. P/2 was registered and investigation was com menced. After usual investigation, a challan was filed against the accused Bharat Singh under Sections 302, 307, 326, 324, and 452, I.P.C. in the court of the Munsif cum Judicial Magistrate, Bhilwara who committed him to the court of sessions, Bhilwara. The prosecution examined 19 witnesses and tendered and proved 33 documents. The accused disclosed' in his statement recorded under Section 313, Cr PC that he was not arrested but he was called in the police station and he went there. He either denied the prosecution story or said that it is false. The accused did not produce any witness in his defence. He tendered and proved 8 documents only in his defence.

(3.) Learned counsel for the appellant con tended that offence punishable under Section 302, I.P.C. is not proved from the evidence on record but offence punishable under Section 304 Part II I.P.C. is only proved from the statements of the eye witnesses, namely, Mst. Uma Devi P.W. 1 Ladulal P.W. 2 and Ashutosh P.W. 9. He relied upon Dungar v. State of Rajasthan 1984 RLW 163, Atma Singh v. State of Rajasthan, 1989 Cr LR (Raj) 520, Badrilal v. State of Rajasthan 1981 Cr LR (Raj) 565, Jhalam Singh v. State of Rajasthan, 1977 Cr LR (Raj) 438, State of Rajasthan v. Narain, 1986 Cr LR (Raj) 197 and Sucha Singh v. State of Rajasthan, 1989 Cr LR (Raj) 658.