SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 28. 9. 85 passed by the learned Sessions Judge, Jodhpur, whereby he convicted appellant Sawai Singh for the offence u/s. 302 IPC and sentenced him to imprisonment for life and imposed a fine of Rs. 1000/- and in default to further undergo one year's R. I. and appellant Pratap Singh u/s. 302/34 IPC and sentenced him to life imprisonment and a fine of Rs. 500/- and in default to further undergo R. I. for six months.

(2.) BRIEFLY the prosecution case is that on 16. 6. 83 at about 5. 45 PM, PW 1 Suja Ram Darji was working on his shop. He heard cries to the effect, "vkneh ekjs js vkneh ekjs js" coming from the side of Ganesh temple. Thereupon, he came running and found that deceased Deepa Ram Darji, who was working on his shop, situated in the Sadar bazar of Pokaran, was being dragged away by appellant Sawai Singh. Appellant Sawai Singh was accompanied with two more persons, which were later on identified as appellant Pratap Singh & absconding accused Narpat Singh. Pratap Singh had a lathi, while Narpat Singh carried a hockey stick. Appellant Sawai Singh pulled down Deepa Ram and felled him on the road. Appellant Sawai Singh dealt many blows by his sword on Deepa Ram and chopped off his head. Appellant Pratap and Narpat Singh, who had come with the appellant Sawai Singh, positioned themselves on his both sides and did not permit any person to come near them. Thereafter, appellant Sawai Singh caught hold of the severed head of deceased Deepa Ram from his hair and all the three assailants hastily proceeded towards Kumharon Ki Pol. When they reached near Kumharon Ki Pol, they alighted in a Jonga Jeep bearing No. RSN 4811 which was being driven by co-accused Rajendra Singh and went away. It is alleged that the said incident was witnessed by many persons in the market including PW 14 Bhagwanji Pan Wala, PW 12 Loonji and one Mohammedan lady PW 4 Smt. Jallu. It is alleged that PW 4 Smt. Jallu intervened to rescue Deepa Ram, but one of the companions of appellant Sawai Singh dealt a lathi blow on her. It is the case of the prosecution that the assailants, while making good their escape left the sheath of that sword (Article 6) and a pair of shoes on the place of occurrence. It is further the case of the prosecution that the motive for the murder was that the deceased Deepa Ram and his cousin PW 1 Suja Ram had inflicted injuries and cut the nose of appellant Sawai Singh's father Ran Singh for which the police, after investigation, had filed a chargesheet against the deceased and Suja Ram and after trial, the deceased was found guilty & sentenced by the Court. Hence, the appellant Sawai Singh avenged that act of the deceased.

(3.) AFTER the post mortem examination, Jai Singh seized and sealed the blood stained shirt (Article 2), blood stained dhoti (Article 1) and blood stained 'angochha' (towel) (Article 3), which were taken out from the dead body of deceased vide seizure memo Ex. P. 30.