DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20-4-87, passed by the Additional Sessions Judge No. 1, Sri Ganganagar (Camp Sri Karanpur), by which the learned Additional Sessions Judge convicted and sentenced the accused-appellant for the offences under Sections 302,323,342, 392 and 397, I. P.C.

(2.) Appellant Devi Lal was tried by the learned Additional Sessions Judge No. 1, Sri Ganganagar (Camp Sri Karanpur) for the offences under Sections 302,307,342,392 and 397 I.P.C. for committing the murder of Gopi Ram - the servant of Bahai Singh, making an attempt on the life of Bahai Singh and committing the robbery of Rs. 3000.00 and three wrist watches from the house of Bahai Singh in Villager-P.S. The case of the prosecution, as unfolded in the F.I.R. lodged by Bahai Singh, is that he is living in village 1 -P.S. whereas his other relatives are residing in Punjab on 14-6-84, at about 2.00 p.m., i.e., a day earlier to the incident, he was sleeping in his house. One clean-shaved person wearing black-colour pant and almond-colour bushtit, came on a bicycle and asked him that his land has come under the flood-canal and, therefore, he is in DM/LM/R161 /95/AM G search of some other land. Sometime thereafter his servant Gopi Ram and Pyare Singh Sunar came from the field and Dharam Singh and Radha Kishan, also, came there. He introduced that man with these persons and enquired from them whether any land is saleable as that person wanted to purchase some land. Sukhdeo Singh came there on a bicycle who took out his address and gave his address to that man. Sukhdeo Singh disclosed to him that he and his brother want to sell the land. That man went with Sukhdeo Singh on the bicycle towards the Dhani of Sukhdeo Singh. Yesterday, at about 9.00 p.m. when he and his servant Gopi Ram were sleeping in the house, that man came there; he opened the door and the man sat with him and told that he had seen the land at 49-R. B. but that land does not suits him and he wants to purchase the land in his village. He thereafter gave that man a cot which was placed between his cot and the cot of Gopi Ram. He took the meals and thereafter all of them slept. At about mid night, he heard the cries of Gopi Ram and saw that that man was killing Gopi Ram with a knife by inflicting injury on the neck of Gopi Ram. When he enquired the accused why he was killing Gopi Ram, he put a turban on his mouth and inflicted injury by fists-blows and knee on his chest and, also, tried to throttle him and asked him to give the keys of the safe. He handed-over the keys of the safe to that man. Thereafter he took him to the room and took out Rs. 3000.00 lying in the safe and also, took away two old wrist watches lying in the safe and also took away the wrist watch from his wrist. The accused, also, enquired about the gold but he disclosed that he did not have any gold with him. The accused put handkerchief on his mouth, closed him in a room and went away after putting lock on the door. In the morning, at about 5.00 a.m., he raised alarm which attracted Amra Ram, who, thereafter called Veer Singh, Lakha Singh Dharam Singh and Bher Singh. During the investigation, the investigating officer came to know that the accused was the perpetrator of the crime and, therefore, he arrested him and after investigation presented the challan against the accused. The prosecution, in support of its case, examined fourteen witnesses. The accused did not examine any witness in defence. The learned trial Court, after trial, came to the conclusion that the prosecution has proved the case against the accused for the offences under Sections 302, 323, 342, 392 and 3971. P.C. He therefore, convicted the accused for the offences, but, however, the accused was acquitted of the offence under Sec. 307 I.P.C. as the learned trial Court was of the opinion that the accused had no intention to commit the murder of Bahai Singh. The learned trial Court sentenced the accused to undergo imprisonment for life and a fine of Rs. 500.00 and in default of payment of fine further to undergo six months' rigorous imprisonment for the offence under Sec. 302 I.P.C.' one year's rigorous imprisonment and a fine of Rs. 200.00 and in default of payment of fine further to undergo two months' simple imprisonment for the offence under Sec. 323, I.P.C.; one year's rigorous imprisonment and a fine of Rs. 200.00 and in default of payment of fine further to undergo two months' simple imprisonment for the offence under Sec. 342,1. P.C.; five years' rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine further to undergo four months' rigorous imprisonment for the offence under Sec. 392, I.P.C.; and four years' rigorous imprisonment and a fine of Rs. 300.00and in default of payment of fine further to undergo three months' rigorous imprisonment for the offence under Sec. 397, I.P.C. It is against this judgment dated 20-4-87, passed by the trial Court, that the appellant has preferred this appeal.

(3.) Bahai Singh the informant was the eye witness to the occurrence, who breathed his last during the trial and, therefore, his statement could not be recorded. The case of the prosecution, therefore, now, rests upon the circumstantial evidence only. The circumstances, which have been relied-upon by the prosecution and believed by the learned trial Court, consist of: (i) the accused, on 12-6-84, came to the house of Bahai Singh and showed his desire to purchase the land in village 1 -P.S. and at that time he was seen by the witnesses. viz., PW 1 Dharam Singh, PW 3 Pyara Singh. PW 4 Veer Singh and PW 6 Sukhdeo Singh: (ii) the accused went with PW 6 Sukhdeo Singh to see the land and to have a talk with him regarding the purchase of the land; (iii) the accused returned to the house of Bahai Singh on 13-6-84 and slept in his house along with the deceased and in the morning he was not found in the house of Bahai Singh; and (iv) the recovery of the blood-stained knife - the weapon of offence on the information and at the instance of the accused-appellant and the knife was found stained with human blood.