JAGDISH SINGH ALIAS PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is being preferred against the judgment of Additional Sessions Judge (Fast Track), Sirohi, Camp at Abu Road, in Sessions Case No. 93/2002 (67/2001 ).

(2.) FACTS relevant to the case are that on 21. 7. 2001, at 4. 15 p. m. , Complainant - Dashrath Singh gave a written complaint (Ex. P-17) to the S. H. O. , Police Station, Pindwara, on the scene of occurrence. It was stated that on 27. 01. 2001, at 4. 00 p. m. , he and his brother Dhana Ram were sitting in a hair dressing cabin of his brother at Bus Stand, Jhadoli. Jagdish Singh @ Pappu S/o. Jaisingh Chauhan came there and demanded money from his brother for liquor. His brother refused to give money, therefore, accused got annoyed and all of a sudden, taken out knife from his pocket and inflicted many blows to his brother. His brother sustained injuries on his hand, chest, as well as on his stomach. Jagdish ran away from the place of occurrence immediately, though his brother tried to stop by catching-hold of weapon, but sustained injuries on his hand. Lot of blood spread on the spot and while his brother ran after the accused, fell down on the road side and died. On the basis of report (Ex. P17), Constable Ganpat Singh, bearing No. 235, was sent to Police Station, Pindwara, where F. I. R. Was registered as Ex. P-31.

(3.) LEARNED counsel appearing for the appellant submitted that accused was not involved in the incident. Thus, he was wrongly being convicted. It was further submitted that Dashrath Singh was not available at the scene of occurrence, hence his statement is doubtful, therefore, wrongly relied upon by the trial Court. It was lastly urged that even the recovery of weapon is doubtful, thus appellant has wrongly been connected with the crime.