LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present jail appeal has been filed against the judgment of the Court of Addl. Sessions Judge (Fast Track), Anoopgarh in Sessions Case No. 99/2001 dated 6 -10 -2001.

(2.) THE prosecution was initiated on the basis of information given by Lakha Singh informant on 25 -1 -1999 at about 12.00 p.m. to Police Station Anoopgarh. In the information given to the police it was stated by the informant that neighbours of his daughter Chhindo Dara Singh and Mohan Lal came to his house and informed that at the house of Chhindo, Sher Singh was lying dead. On receiving this information, the informant went to the house of his daughter where he saw that Sher Singh was lying dead and his daughter Chhindo was not at home. Chhindos husband died about 10 years before. Chhindo had developed intimacy with the accused since last 10 years. Lal Chand had visited last night to see Chhindo. It was alleged by the complainant that his son Sher Singh used to reprimand Chhindo and Lal Chand for their relationship and on this count Lal Chand had murdered his son Sher Singh at the house of Chhindo. When he arrived Chindo and Lal Chand both were not available in the house and their whereabouts were not known. At the time of occurrence Chhindos daughter Mechi and Phohi were available. After receiving such information, FIR No. 604/99 was recorded at police station Anoopgarh and investigation was started.

(3.) ANOTHER eyewitness produced by the prosecution to support the prosecution case is P.W. 4 Phohi. She is the daughter of Chhindo. She is about 15 years of age. She being a child witness was examined by the court for competence. After judging the competency of the witness she was considered a competent witness. In her examination she stated that his father had died 10 years before. Her maternal uncle used to stop Lalia accused from coming to their house but Lalia used to come clandestinely to meet her mother. This was notwithstanding the fact that her maternal uncle used to object the same. On the day of incident, Lalia came to meet her mother, her maternal uncle objected and Lalia gave lathi blows to the deceased. After the incident, she went to the house of Revant Ram Sarpanch and when she came back, she found that her maternal uncle died. She went to the house of Ranjeet Singh. In her cross -examination she has admitted that Sher Singh consumed liquor. At the time of incident, he was drunk so was the accused. In her cross -examination, she withstood the test of cross -examination and has not deviated from basic story.