DHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30-4-90, passed by the Sessions Judge, Merta, by which the learned Sessions Judge convicted the appellant for the offences under Secs. 302, 201 and 404 IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 5000/- and in default of payment of fine further to undergo two years rigorous imprisonment for the offence under Sec. 302 IPC, five years rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine further to undergo one monthTs rigorous imprisonment for the offence under Sec. 201 IPC and two years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo fifteen days rigorous imprisonment for the offence under Section 404 IPC.

(2.) Appellant Dhan Singh was tried by the learned Sessions Judge, Merta, for the offence under Secs. 302,201 and 404 IPC. The case of the prosecution is that Kaliyan Singh and his brother Udai Singh (deceased) R/o Shea had gone to cotan on 18-10-87. In the evening, Kaliyan Singh left Gotan for his village Sheo and before leaving Gotan, asked his brother Udai Singh to accompany him, whereupon Udai Singh replied that he would come with Dhan Singh on his cart. Kaliyan Singh came to his village leaving Udai Singh in the company of accused Dhein Singh. At that time Udai Singh was having the sale-price of the gun which he sold a day earlier. On 19-10-87, at about 4.00 p.m., when Dhan Singh met him, he enquired him about his brother Udai Singh, to which Dhan Singh showed his ignorance. On 20-10-87, at about 8.00/9.00 a.m., Kaliyan Singh went to Gotan and went to the hotel of Satya Narain, where Satya Narain the owner of the hotel, informed him that accused Dhan Singh on 18-10-1987 informed him that a murder has been committed by him and asked him to give a jute bag, to which he refused but later on it as revealed that he had taken the jute bag. .He suspected that Dhan Singh might have committed the murder of Udai Singh. Kaliyan Singh thereafter left the hotel and in Gotan town he heard the news that for the way between Gotan and Sheo, in the mules, a dead body has been found in a jute bag. He went at the place of the occurrence and saw the dead body of his brother Udai Singh. The report of this incident was lodged by Kallyan Singh (the brother of deceased Udai Singh) at Police Station, Merta Road on 20.10.1987. An entry in the Roznamcha was also made at Police Station, Merta, on 20-10-1987 at 11.30 a.m. on the wireless message received from Banshi Lal i.e. that in the mines, near Kaccha route which leads from Gotan to Sheo, a dead body was found tied in a jute bag. The Station House Officer, after making entry in the Roznamcha, proceeded towards the place of the incident. The police, after necessary investigation, presented the challan against the accused-appellant. The prosecution in support of its case, examined eighteen witnesses. The learned Sessions Judge, after trial, convicted and sentenced the accused-appellant as stated above.

(3.) The nature of the evidence, produced by the prosecution, consists of the statements of PW 1 Thana Ram, PW 2 Narpat Singh, PW 5 Bheem Singh, PW 6 Mangi Lal and PW 12 Kaliyan Singh, who had last seen the accused in the company of the deceased and thereafter the dead body of Udai Singh was found in the mines. This evidence of last seen is sought to be corroborated by the evidence of extrajudicial confession made by the accused-appellant before PW 6 Mangi Lal, PW 7 Govind and PW 13 Satya Narain. The evidence of last seen and that if extra-judicial confession made by the accused are further sought to be corroborated by the recoveries of the clothes of the accused, his juti and the purse and Khudiya of the deceased made from the accused on his information and at his instance, PW 9 Keshu Dan, PW 10 Loomba Ram, PW 14 Han Singh and PW 16 Dalla Ram are the Motbir witnesses to the recoveries and the preparation of site plan etc. PW 11 Satya Narain, who was a witness to the purchase of the jute bag by the accused, has not supported the prosecution case and has been declared hostile. PW 15 Dr. Prithvi Singh was the Medical Officer, Primary Health Centre, Gotan, who conducted the autopsy on the dead body of Udai Singh and the remaining are the police witnesses, who are connected with the investigation.