DEEP SINGH @ DEEPI S/O MAHENDRA SINGH @ PAPPU SINGH, BY CASTE JATSIKH, RESIDENT OF 1 R.M., POLICE STATION CHATTARGARH, DISTRICT: BIKANER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused appellant, Deep Singh @ Deepi, under Sec. 374 (2) of Crimial P.C. against the judgment dated 16th March, 2011 passed by learned Addl. Sessions Judge (Fast Track) No.1, Bikaner (Trial Court) in Session Case No.78/2009 by which the learned trial court convicted the accused appellant for the offence under Sec. 302 of Penal Code and passed sentence against him for life imprisonment with a fine of Rs.2,000.00, in default of payment of fine to further undergo three months' simple imprisonment.

(2.) Briefly stated, the facts of the case are that on 06.08.2009 at about 05.00 PM, complainant Munsab Ali (PW.4) submitted a written report (Ex.P/12) at Police Station-Chhattargarh, District Bikaner, stating therein that today at about 03.00 PM when I went at RD-465 Mandi for household work, Rajjak, my aunt?s son, was going near the shop of Sakhan Ram, and after purchasing the goods, when he reached near Choraha, at that time, accused appellant having an axe („Kulhari?) in his hands, came there from Suratgarh road and inflicted axe blow upon the neck of Rajjak due to previous enmity. As a result of aforesaid injury, Rajjak fell down and thereafter accused appellant inflicted 2-3 more injuries, upon hearing the cry, the accused appellant ran away while taking axe with him.

(3.) As per complainant's contention, he along with two other persons, namely, Akhtar and Maqsood Ahmed, took injured Rajjak at Damolai Hospital, however, as per advice of the doctor and looking to his critical condition, the injured was referred to PBM Hospital, Bikaner, where Rajjak was declared died.