KEDARNATH SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Kedar Nath Singh and Bhim Singh both of whom have been convicted by the learned Additional Sessions Judge Kishangarh under sec. 302 read with sec. 34 of the Indian Penal Code and sentenced to transportation for life.

(2.) THE case for the prosecution is that on the 27th of October, 1953. report was lodged at the Police Kotwali, Kishangarh by one Mahmood that two hands and two legs of same human being were floating on the water of the moat of Kishengarh Fort. THE Sub-Inspector incharge of Kotwali after the recording of the report reached the place where the hands and legs were said to have been floating and got them taken out of water atonce. On further search a bag was also found. On investigation it came to light that one Deepchand Singh had been missing since 4th October, 1952 and he was seen going with Bhim Singh appellant to the house of the appellant Kedarmath Singh alias Bapulal on the said date, and that two of the fingers of Kedarnath Singh appellant were seen cut off since then. Both the appellants were interrogated and it is said that Kedarnath Singh confessed that he has called Deepchand to his house through Bhim Singh and that he with a sword and Bhim Singh with a dagger had killed Deepchand (hereinafter to be referred as the deceased) and the hands and legs of the deceased were cut of and were thrown in the most by Bhim Singh. It is alleged that a dead body identified to be that of the deceased was recovered from Kedarnath Singh's Nohra as his instance and a sword, a dagger, apart of trousers, Niwar and other articles were also recovered from his house. Blood stained earth is also said to have been scrapped from a room in Kedarnath Singh's house. As regards Bhim Singh it is said that he also confessed having committed the crime and a watch with its band and gold buttons belonging to the deceased were recovered from his house at the instance of Bhim Singh A cap belonging to the deceased and two fingers belonging to Kedarnath Singh appellant were also recovered. An inquest report was prepared and the dead body was sent for post mortem examination. According of the Medical Officer's report, who carried out the post-mortem examination, the death was due to the neck having been cut by some sharp edged weapon & other injuries were also sufficient to cause instantaneous death. Articles said to be belonging to the deceased were put up for identification and it is said that they were duly identified. THE statement of Kedarnath Singh was recorded on the 11th of October, 1952 and that of Bhim Singh on the 14th of Oct. , 1952 by Sri Gopal Narain Dhawan, Extra Magistrate, Kishengarh. THEy have been put forward by the prosecution as the confessions of the appellants and are Exs. 23 and 24 respectively on the record of the case. THE following articles were sent for chemical examination - (1) One shirt striped labelled Kedarnath Singh. (2) Pyjama white labelled Kedarnath Singh. (3) One Shirt 'chaukhana' labelled Bhim Singh. (4) One dhoti, 'green border' labelled Bhim Singh. (5) One bagger with signatures of Medical Officer, Kishangarh. (6) One sword with signatures of Medical Officer Kishangarh. (7) Niwar with coloured water with no label. (8) One small earthen pot with earth. According to the Chemical Examiner's report, all the articles except the sword were found positive for blood and according to the sero-logist's report Arts. Nos. 7 and 8 had human blood stains.

(3.) WE may also make a mention of another piece of evidence which has not been relied upon by the learned Additional Sessions Judge. That evidence consists of the statements of Mst. Chandarbai P. W. 9 and Fakir Mohd P. W. 10. According to Chandarbai, on the fateful day Bhim Singh came to the house of the deceased in the forenoon and took him along with him. Thereafter the deceased never returned and afterwards his legs and hands and other parts of his body were recovered According to Fakir Mohd, the deceased was seen going along with Bhim Singh from the side of Deepchand's house and when asked the deceased said he was going to Kedarnath Singh's house. The witness actually saw Deepchand and Bhim Singh entering the house of Kedarnath Singh and thereafter the deceased was no longer seen alive. He was them going inside Kedarnath Singh's house slightly before the Harijan procession which passed though his shop that day. The time which Chanderbai has given is about the same time which Fakir Mohd, has given. There is no reason to disbelieve the evidence of these two witnesses on this point and to our mind it fully proved from their evidence that Bhim Singh took the deceased to Kedarnath Singh's house on the Harijan Day i. e. Kartik Badi 1, Svt. 2009 corresponding to 4th of October, 1952, sometime in the forenoon. The question, however, is whether this circumstance alone is sufficient to prove that Bhim Singh had any hand in the Killing of deceased. To this our answer is unhesitatingly in the negative.