NAHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.6.2002 passed by the Additional Sessions (Fast Track), Pratapgarh convicting the appellant Nahar Singh of offence under Sections 302 and 120-B IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 500/-; in default of payment to further undergo one month rigorous imprisonment on each count.

(2.) THE appellant Nahar Singh was put to trial on the charge of murder of his uncle Devi Singh, It revealed during trial that deceased Devi Singh, PW5 Mokad Singh and father of the appellant Madhu Singh were three brothers. Mokad Singh and Devi Singh were not having any issue. Thus appellant Nahar Singh is the only issue among the three brothers. On 20.08.98 the appellant Nahar Singh submitted a written report Ex.P20 at Police Station, Nikum, District, Chittorgarh stating inter alia that in the night at about 1 A.M. he was awakened from sleep by a wavering cry of the goat. He got up and went inside the house. It was found that some bricks from the roof were removed. He raised voice, which attracted the villagers namely Mohanlal, Satya Narayan, Sohanlal etc. He alongwith the other villagers went in search of the miscreants. During search when they reached on the field of his uncle Devi Singh, it was found that the gate of the house was open and the other household articles were lying scattered. One of the she-goat was also missing. His uncle Devi Singh was lying injured on the cot. He made arrangement for sending his uncle to the hospital in a tractor. On way he succumbed to the injuries. On this information police registered a case for offence under Section 460 IPC and proceeded with investigation. The police prepared the site plan and the inquest memo. The dead body was sent for post-mortem. PW13 Dr. Gyan Mal Sankhla conducted the post-mortem on the dead body of deceased Devi Singh vide Ex.P18. He noticed the following injuries on his person :

(3.) THE appellant pleaded not guilty and claimed trial. In support of the case prosecution examined as many as 21 witnesses. In statement under Section 313 of the Code of Criminal Procedure the appellant denied the correctness of the prosecution evidence appearing against him. In defence he examined himself as DW1. He also examined Kalu Singh as DW2 and Moolchand as DW3. He deposed that he has lodged the First Information Report Ex.P20 at Police Station, Nikum on 20.08.98. However, the investigation was misdirected at the instance of one Ratan Singh a police constable at the same police station. At the instance of Ratan Singh he alongwith his daughter Sugna Kunwar was taken in custody by the police. They were kept in custody for about 10 days. The police got a false and fabricated statement of his daughter under coercion implicating him. When her daughter was produced before the court, she refused to give the statement. She was again brought to the Police Station. She was being' tortured and threatened. Subsequently, under coercion her statement under Section 164 Cr.P.C. was got recorded. He had no quarrel with his deceased uncle. His son was adopted by deceased Devi Singh. The police deliberately at the instance of Ratan Singh did not investigate on the First Information Report lodged by him. In the cross examination he denied the suggestion that he killed Devi Singh with a view to grab his land.