PHINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Phindersingh was tried for the offence under ss. 302 and 449 I. P. C. and ss. 25 and 27 of the arms Act by the Sessions Judge, Sri Ganganagar by the Judgement dated July 31, 1974, he was held guilty for the aforesaid offences and sentenced to imprisonment for life on the first count, 7 years' rigorous imprisonment and a fine of Rs. 500/- in default of payment, to undergo simple imprisonment for 2 months on the second count and rigorous imprisonment for three years' on the third count. All the substantive sentences were ordered to run concurrently. Feeling aggrieved by his conviction and sentence, he has preferred this appeal in this Court.

(2.) BRIEFLY stated the facts of the case giving rise to this trial and conviction of the appellant and the present appeal are as under:

(3.) BALWANT Kaur is the wife of the deceased Avtar Singh. There is no dispute on the point that she was living in the same hose in which deceased Avtarsingh on the fateful night was sleeping. The pertinent question is whether she had identified Phindersingh as the assailant. The version given by BALWANT Kaur is that on hearing the report of the gun fire, she awoke and at once threw a glance towards the roof and saw a person there who appeared to her to be like Phindersingh The words used by her are 'chhat PAR ADMI MUJE PHINDER JESA LAGA'.