JALE SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal is preferred against the judgement dated 30-11-1988 passed by the learned Additional District and Sessions Judge, Nohar District Sri Ganganagar in Sessions Case No. 50 of 1987, by which he found the appellant guilty for the offence under Section 302; I.P.C. and sentenced him to life imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo six months R. I.

(2.) The prosecution case at the trial was that on 45-87 at 11.00 AM Chhotu Lal Jat son of Chokha Ram Jat, resident of Sangariya lodged an oral report at Police Station, Nohar to the effect that at 8.00 AM, his brother-in-law Karnail Singh son of Nar Singh Jat, resident of Lalaniya came to his house and informed him that accused-appellant Jale Singh, who is son of his mother Smt. Parmeshwari (PW-4) born with the union of her former husband Sukh Ram resident of Ghanoti Chhoti, was staying at Lalaniya for several days. In between 3rd and 4th May, 1987 father-in-law of Jale Singh namely Ganga Ram resident of Neziya also came at Lalaniya. Both of them, after consuming liquor with his father Nar Singh Ram were sleeping on separate cots in his house. He was also sleeping near them at Bakhal. The accused-appellant Jale Singh was also sleeping in the 'Bakhal' near him on a separate Cot. At about mid-night, he awakened all of a sudden on hearing the cries of his father and saw that accused Jale Singh was assaulting his father Nar Singh on his head. He exhorted him and on his exhortation, accused-appellant Jale Singh ran away leaving his father. Pajama of Jale Singh was found on his cot. After some time his father Nar Singh Ram expired. He informed his family members about the occurrence. After getting the aforesaid information from PW-3 Karnail Singh, the first information, PW-1 Chhotu Lal together with PW-3 went to village Lalaniya at the house of deceased Nar Singh Ram where he found Nar Singh Ram was lying dead on his cot and blood was spilled under his cot. On receipt of the aforesaid oral information from PW-1 Chhotu Lal, who is son-in-law of deceased Nar Singh Ram, first information report Ex.P/1 was registered on the same day at 11.00 AM at Police Station, Nohar for offence under Section 302, I.P.C. and investigation commenced.

(3.) After completion of the investigation, challan was filed against the accused-appellant under Section 302 I.P.C. in the Court of Additional Chief Judicial Magistrate, Nohar who committed the case to the Court of Additional District and Sessions Judge, Nohar.