JOGENDRASINGH Vs. THE STATE

JUDGEMENT

(1.) APPELLANT Jogendrasingh was tried and convicted for an offence under Section 302 IPC for the murder of Roopram and sentenced to imprisonment for life and a fine of Rs. 600/ - by the Additional Sessions Judge No. 2, Sri Ganganagar. Co -accused Jaggasingh was, however, acquitted of the said charge. The appellant has come up in appeal challenging his conviction and sentence.

(2.) THE incident to which this case relates took place on 21st July 1971 at about 8 a.m. at the but stand of village Nagrana, Police Station, Sangaria, district Ganganagar. The F.I.R. was lodged at 12.30 p.m. on the same day by FW 2 Banwarilal, a cousin of deceased Roopram. It was also signed by PW 3 Lalsingh, a sin or servant of deceased Roopram. He accompanied Banwarilal at the Police Station, Sangaria. The prosecution story as revealed from the F.I.R. is like this.

(3.) THE SHO, Sangaria, after taking down the aforesaid verbal first report commenced investigation. The post mortem examination of the corpse was performed by Dr. Roopsingh PW 1. He found multiple injuries on the dead body. Injuries Nos. 6, 7 and 8 were gun -shot injuries which, according to the doctor, were the result of two shoes. Injuries Nos. 1, 3, 4, 5, 9, 10 and 11 were caused by a blunt weapon. Injury No. 2 was described as incited wound but the but the doctor in his statement admitted that this injury might have been caused by a blunt weapon. The fatal injury, according to the doctor, was gun -shot injury No. 6 on the abdomen near umbilicus. During the course of investigation, it came to the light that there were some more persons who were present at the bus stand and had witnessed the incident. One of them was Gangaram CW 2 The. SHO interrogated all of them.