HAKIM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Hakim Singh has appealed from jail against the judgment dated May 28, 1981, passed by the learned Addl. Sessions Judge, Gangapur City, under which he has been convicted Under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/ - and in default of payment of fine to further undergo five months' rigorous imprisonment. It has also been ordered that in case the fine is recovered, the entire amount would be paid to Smt. Mohan bai, widow of the deceased.

(2.) THE facts of the case are that the deceased, Raghuveer Singh, and accused Hakim Singh are real brothers. The occurrence is said to have taken place in the night intervening 6th and 7th June, 1980. At that time, deceased Raghuveer Singh was sleeping on a cot outside his house and his wife Smt. Mohan Bai, son Kamal Singh and daughter Mrs. Majra were also there. It is alleged that accused Hakim Singh, who also lives in the same house, came armed with lathi and started hurling abuses to Raghuveer Singh. When he asked not to do so, the accused gave a farsi blow on the head of Raghuveer Singh. Thereafter some farsi blows were given on other parts of his body. The deceased became unconscious and was taken, in a bullock -cart, to the Government Hospital, Mandawar. The Doctor directed to lodge a report in the police station and, therefore, Mohar Bai (pW/1) lodged a report in the police Station, Mandawar on June 7, 1980. Raghuveer Singh died in the hospital and an inquest report was prepared. Dr. Vishnu Chand Gupta (PW 9) firstly examined the injuries of Raghuveer Singh, who was unconscious, and found that there was one lacerated wound 5 cm x 1/4 cm x 1/2 cm on the upper and about central portion of the scalp. There were also other injuries on his person. His condition was serious. He died in the hospital, as a result of the injuries, on June 8, 1980. Thereafter, autopsy was conducted on his dead body by Dr. K.L. Chhangani. Dr. Chhangani found the following injuries on the person of the deceased :

(3.) AFTER investigation, a charge -sheet was filed against the accused who was charged Under Section 302, IPC to which he pleaded not guilty and claimed to be tried. The prosecution has examined as many as 15 witnesses, including eye -witnesses, numbering three, namely Mohar Bai PW 1 wife of deceased; Raghuveer Singh, Mst. Maya (PW 2) daughter of Raghuveer Singh and Kama] Singh (PW 3) son of Raghuveer Singh. In his statement Under Section 313 Cr. PC explained the circumstances appearing in the evidence of the prosecution witnesses. He stands on a bare plea of denial. It was also stated by the accused that the deceased, Raghuveer Singh was in the habit of drinking and after being drunk he used to abuse and he formed a party against him. Subhan Singh, Lallu etc. were in his party. He was beaten by Lallu and others and a case was pending on the day of the occurrence when Raghuveer Singh came to his house armed with a farsi and struck a blow by it. He picked a lathi lying there and tried to ward off the attack. At the time, his father and others arrived there. He ran away from there and struck against a bullock -cart standing nearby. He received an injury. The accused examined as many as three defence witnesses, viz, DW 1 Sultan Singh, DW 2 Jaisingh and DW 3 Bhusan Singh. The learned Addl. Sessions Judge found the accused guilty and convicted and sentenced him as aforesaid.