SHARVAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole appellant, Sharvan Singh, was tried before the Additional Sessions Judge, Sikar in Sessions Case No. 21/93 for committing murder of one Tara Chand son of Jaisa Ram, age 25 years in village Disnaoo. He was convicted under Sec. 302 and 450 Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 2000.00 under Sec. 302 Indian Penal Code. In default of payment of fine, to undergo simple imprisonment for two months. Under Sec. 450 Indian Penal Code he was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000.00. In default of payment of fine, to undergo simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) The facts of the case lie in a narrow compass. As per the prosecution case, at 3.30 a.m. in the night intervening 5th and 6th Nov., 1992, deceased Tara Chand was assaulted by the appellant with an axe when he was sleeping in a room of his house in village Disnaoo. He succumbed on the spot to the injuries sustained by him. A written report of the incident (Ex.P 12) was promptly made at 5.30 a.m. in the following morning at Police Station. Laxmangarh by PW. 8 Jaisa Ram, who was an eye - witness of the occurrence. On this report, crime IV 211/91 was registered under Sec. 302 Indian Penal Code and investigation commenced.

(3.) During investigation Inquest report of the dead body (Ex.P 1) was prepared on 6.11.92 and thereafter: the dead body was made over for post-mortem examination. Site-plan (Ex.P 2) of the scene of occurrence was also prepared on 6.11.92. The Investigating Officer (for short, the I.O.) collected control cement chips and blood stained cement chips from the place of occurrence vide seizure memos Ex.P 4 and Ex.P 5 respectively. Blood stained clothes of the deceased Tara Chand were seized vide memo Ex.P 5 and blood stained 'Gudri' was seized vide memo Ex.P 6 on the same day. The autopsy on the dead body was conducted by a Medical Board consisting of PW 6 Dr. PR Joshi and Dr. J.R Bhariya. The following injuries were found on the body of the deceased vide post-mortem report Ex.P 9:-