BAGHEL SINGH Vs. STATE

JUDGEMENT

(1.) ACCUSED-appellant Baghel Singh has been convicted under Section 302 IPC by the learned Sessions Judge, Alwar for having committed the murder of one Dalu Ram by firing with his pistol at him. On 25. 4. 1973, the learned Sessions Judge sentenced the accused-appellant to imprisonment for life. Feeling aggrieved against his conviction, the accused appellant has filed the present appeal.

(2.) THE facts of the prosecution case, in brief, are that there was a fair at Sali-serh on 25-4-1973. THE deceased Dalu Ram, aged 18 years, also went to see the fair. Two Sardars, who were said to be pick-pockets, visited the fair One of the Sirdars was wearing black "tehmat" of "chek" design, white shirt and a green turban having a black cloth bag in his hand. He had hair and beard. THE other Sardar did not have any beard or hair, and he was wearing a blue trousers, and a bush-shirt of sky colour. THE Sardar wearing trousers was caught red-handed while trying to pick the pocket of a man. A lathi-blow was dealt on the Sardar who was trying to pick the pocket of a man. THEreupon, the Sardar wearing the "tehmat" took out a pistol from his pocket and fired at him. PW/3 Ram Singh, Head Constable, heard the rumour and reached the spot. He found Daluram lying on the ground in an unconscious state. Daluram was sent to the hospital at Alwar in a bus. THE Sardar who had fired the pistol ran away towards the hills. He was chased by the Police Constables, but could not be apprehended, PW/3 Ram Singh, Head Constable wrote down a First Information Report (Ex. P/9), and sent it to the Police Station Sardar Alwar through the constable Mangej Singh. THE prosecution case is that constables PW/5 Lachhi Ram and PW/7 Hukam Chand chased the accused, but the accused, could not be found. An empty of a fired cartridge was found on the spot which was seized vide memo Ex. P/10 in the presence of Motbir Kalu PW/8. THE accused presented himself at about 4. 30 p. m. on 30 4-1973 He was arrested vide memo Ex. P/17. On 3. 5. 1973, the accused gave information that he had concealed his small black bag containing a pistol and two live cartridges, and a small chintz cloth beneath a stone which was situated on the Jheer pound on the hill near which there is one tree of Salar and "thor". After completing the investigation, a challan was put up against the accused in the Court of Addl. Munsiff Magistrate No 1, Alwar, who conducted the preliminary inquiry, and committed the accused to the Court of Session.

(3.) PW/3, Ram Singh Head Constable stated that on 25/4/1973, he was on duty in connection with the arrangements of the "mela" at Selliserh. At about 3 30 p. m. he heard the rumours that a person has been fired at, and that the person who fired at was a Sardar. When the witness reached the spot of occurrence, he found one person in an unconscious state lying there. He sent the injured to the hospital, and also sent the FIR. He also found an empty of a fired cartridge which he picked up. and gave it to the SHO when he came. He could not state the names of the persons who were near the injured. He learnt that the assailant had run away, and was chased by police constables, Hukam Chand and Lachhi Ram, The witness further stated that he did not incorporate this fact in the First Information Report as he did not consider it necessary. Nobody from the crowd told the witness the name of the accused. All that he was told was that he was Sardar. He also did not state in his statement before the police that he recovered the empty of the fired cartridge. Be sides, the Police Constable Hukam Chand and Lachhi Ram, five or seven other people were also chasing the accused. One Heera Lal told these two police constables that the name of the Sardar was Baghel Singh.