PAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated June 14, 1976 the learned Additional Sessions Judge, Sri Ganganagar has convicted the appellants Patsingh and Deepsingh under section 302/34, I. P. C, and sentenced each of them to imprisonment for life with a fine of Rs. 200/-, in default of the payment of fine to further undergo three months' rigorous imprisonment. The accused have come-up in appeal and challenge their conviction. The prosecution case may be summed - up as under.

(2.) IN 1974, one battalion of Border Home Guards was stationed with its Headquarters at Sri Ganganagar. PW 10 Ranjeet Kumar Sen was its Commandant. One Company (C) of this battalion was detailed on duty at Mirzewala P. S. Mathili Rathan. PW16 Charanjitsingh was the Commander of this company. Accused Patsingh and PW 14 Harbhajan Singh were the Platoon Commanders and accused Deepsingh and Amra Ram were the Home Guards whereas the deceased Kanaram was a Hawaldar in this company. PW 12 Chandawa was working as sweeper there. PW 16 Charanjit Singh remained on leave for 44 days preceding November 8, 1974 and in his absence accused Patsingh was officiating as Company Commander. Kanaram was turbulent and trouble-shooter. He was badly addicted to liquor and remained drunk day and night. After taking liquor, he was in the habit of picking-up quarrel with the persons of the Company. PW 16 Charanjit Singh returned from leave and joined duty on November 8, 1974 At about 9. 00 a. m. on November 8, 1974, PW 14 Harbhajansingh appeared before him and reported that Kanaram had taken liquor and was making noise. Charanjit Singh drew up report EX. D2 and sent it to the Commandant at Sri Ganganagar, requesting therein that Kanaram may be immediately transferred to some other Company. IN the morning on November 9, 1974. Charanjit Singh learnt that Kanaram was lying dead in his room. He went there and found some injuries on his body. He drew up report EX. D 3, took it to Police Station Mathili Rathan and presented it there. It was stated therein that the dead body of Kanaram was lying in his room. The S. H. O. ' Shaitansingh (PW 17) proceeded to hold an enquiry under section 174, Cr. P. C. He arrived on the spot and prepared the inquest report of the dead body of Kanaram. He found one knife and some broken pieces of stick lying around the dead body. They were seized and sealed. He also seized the bloodstained soil from there. The post-mortem examination of the victim's dead body was conducted at about 11. 00 A. M. on November 10, 1974 by the Medical Jurist Dr. Amriksingh. He noticed the following injuries on his dead body :-

(3.) IT may be mentioned that the appellants were convicted solely on the basis of the testimony of these witnesses Harbhajansingh.