DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal appeal filed under Section 374, Cr.P.C. the appellant seeks to challenge the judgment of conviction and order of sentence dated 24th April, 2010, passed by the learned Additional Sessions Judge (Fast Track) No. 2, Jhunjhunu in Sessions Case No. 72/2007 (113/2007), whereby the appellant has been convicted for offence under Section 302, IPC and sentenced to life imprisonment and to pay a fine of Rs. 5,000/- and in default thereof, to further undergo six months simple imprisonment.

(2.) The facts of the case as summarised are that Gajendra Singh (P.W.9) on 24th April, 2007 submitted written report (Ex.P.12) to the Station House Incharge, Police Station Bisau mentioning therein that the previous evening Dheer Singh, his cousin, told him that Mahaveer S/o. Goru Ram Chamar, Raju Daroga and Shishpal S/o. Jamnadhar Daroga had killed his goat and when he complained about the same they threatened to kill him. He further mentioned that he had assured him that he would call them and talk to them. On the morning of 24 April, 2007 Vishnukant mehrishi told that somebody had killed Dheer Singh, whose body was lying near the Rani Sati Temple. He reached the place of occurrence and found the dead body of Dheer Singh. Then he gave information at the police station. Report was submitted for necessary action.

(3.) On the basis of this written report, the police registered formal FIR No. 37/2007 (Ex.P.13) for offence under Section 302, IPC against unknown person and investigation commenced. Inquest report (Ex.P.5) of the dead body was prepared. Site plan (Ex.P.6) of the place of occurrence was also prepared. Blood stained soil was recovered vide recovery memo (Ex.P.7). Controlled soil was recovered vide recovery memo (Ex.P.8). From the place of occurrence two broken teeth of the deceased Dheer Singh were also recovered vide recovery memo (Ex.P.9) and personal belongings of the deceased i.e. a tee shirt, pant and used pair of shoes were recovered vide recovery memo (Ex.P.10) and (Ex. P.11) respectively. The dead body was subjected to post-mortem and the post-mortem report is (Ex.P.1). Statements of the witnesses were recorded under Section 161, Cr. P.C. and on the basis of the statements of the witnesses accused appellant Devi Singh was arrested vide arrest memo (memo) (Ex.P.39. During custody accused Devi Singh furnished an information under Section 27 of the Evidence Act which was reduced in writing vide (Ex.P.41) and on the basis of the information furnished by the accused one bamboo stick was recovered vide (Ex.P.15). Similarly, on the basis of the information furnished by the accused under Section 27 of the Evidence Act, pant and shirt of the accused were recovered vide (Ex.P.16). After completion of investigation challan was filed against the appellant for offences under Sections 302 and 201, IPC. Upon committal, the learned trial court framed charges under Sections 302 and 201, IPC against the accused appellant to which he denied, pleaded not guilty and claimed trial.