KULVENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of learned Addl. Sessions Judge No. 1, Srigaganagar dated 18-4-1990, by which the accused has been convicted under Sec. 302, IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs. 500.00, in default of payment whereof to further undergo rigorous imprisonment for one year.

(2.) The prosecution case, briefly stated, is that on 25-1-1988 Niranjan Singh (PW 1) was sitting in his house along with Balwant Singh, who was 'sadu' of his son Amreek Singh. His brother -In-law Gurdyal Singh and son Inderjeet Singh were also inside the house. Balwant Singh had come there at about 4.00 P. M. At about 7.00 P. M. Balwant Singh went outside the house to ease himself. There was a toilet outside the house of Niranjan Singh, situated at the left corner of the house. About five minutes after the Balwant Singh went out they heard abusive lan guage. Then Niranjan Singh, Inderjeet Singh and Gurdyal Singh came out of the house. They saw the accused attacking Balwant Singh with a sword. The accused inflicted first blow at the back of head of Balwant Singh, as a result of which he fell down. The accused further inflicted three-four blows on the head of Balwant Singh. As a result of above injuries, Balwant Singh died instantaneously. The accused thereafter left the place of occurrence and went into his house, which was just in front of house of Niranjan Singh (PW 1).

(3.) Niranjan Singh (PW 1) proceeded to the Police Station and reached there at about 8.30 P.M. and lodged the First Information Report (Ex. P. 2). On this report, the Police registered a case under Sec. 302, IPC and the Investigating Officer Hema Ram (PW 9) immediately reached the place of occur rence. He could not take further steps as it was night. He, therefore, deputed two constables at the place of occurrence. On the next day, after inspection of the site, the Investigating Officer prepared the site-plan memos Exs. P3 and P3 A. The inquest report (Ex. P2) was also prepared in the presence of responsible witnesses of the vicinity (Motbirs).