KAMEL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal has been filed against the judgment and order dated 13.12.2001 passed by the learned Addl. Sessions Judge, Sambhar Lake (Jaipur District) whereby accused appellant Kamel Singh was convicted for the offence under section 302 Penal Code and sentenced to undergo life imprisonment and fine of Rs. 5000.00, and in default, to further undergo six months' Rl. On 17.8.2004, Mr. S.S. Sunda filed power on behalf of appellant.

(2.) The brief facts essential for the disposal of this appeal are as under:-

(3.) Accused appellant Kamel Singh was a tenant of Abdul Latif PW-2 in his house at Phulera where he was living all alone. Five or six days before the date of occurrence, mother of the accused also came there. Thereafter both of them were living in that house. In the morning of 24th April, 1999, Abdul Latif saw that smoke was coming out from the room of Karnel Singh and front door of that room was closed. Abdul Latif knocked the door but none opened the same. Abdul Latif and other tenant Charly Jonathan had broken the doors. They saw that dead body of mother of Karnel Singh was lying on the floor of the room. She was in the pool of blood and accused appellant ran away from the back door of the house. Abdul Latif informed the police and lodged a written first information report Ex. P-2. A case was registered by the police for the offence under section 302 IPC. Accused Karnel Singh was arrested and his blood stained clothes were recovered and a knife and hammer (hathora) were also recovered on the information and at the instance of the accused. Clothes on the person of dead body of deceased Smt. Surendra Kaur were also taken and seized by the police. Post mortem on the body of deceased Smt. Surendra Kaur was conducted. Post mortem report Ex. R16 was prepared. After completion of investigation, police submitted challan in the court of Judicial Magistrate, First Class, Shambhar Lake and wherefrom the case was committed to learned Addl. Sessions Judge, Sambhar Lake and its/turn the learned Addl. Sessions Judge framed charge against the accused for the offence under section 302 IPC. Charge was read over to accused who pleaded not guilty. Prosecution in support of its case, examined as many as 13 prosecution witnesses i.e. PW-1 Raju, PW-2 Abdul Latif, PW-3 Charly Jonathan, PW-4 Ramniwas, PW-5 Mukesh Kumar, PW-6 Abdul Kadir, PW-7 Rajendra Singh, PW-8 Mehar Singh, PW-9 Ranjeet Singh, PW- 10 Surjeet Singh, PW-11 Dr. Sitaram Meena, PW-12 Gaurishankar and PW-13 Kishal Lal. Accused appellant was examined under section 313 Cr.RC. He did not produce any witness in his defence. Learned trial Judge on hearing final submissions, convicted and sentenced the appellant under section 302 Penal Code as indicated hereinabove.