NARSINGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused appellant, Narsinga Ram under Sec. 374 (2), Crimial P.C. against the judgment, dated 27.01.2015 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act cases, Barmer (Trial Court) in Session Case No.58/2013 (104/2010) (67/2010), whereby the accused appellant was convicted for offence under Sec. 302 of Penal Code and sentence of life imprisonment was imposed against him along with fine of Rs.5,000.00 with default stipulation to further undergo one year additional simple imprisonment.

(2.) As per facts of the case, on 09.07.2010 at about 05.55 a.m. a written report (Ex.P/16) was submitted by the complainant Govind Singh under his thumb impression before the S.H.O., Police Station Sadar, District Barmer, stating therein that today went to Barmer along with other passengers in my jeep, where after dropping them, he went to the rented house of his real brother Tikam Singh (deceased) taken by him on rent from Bhanwarlal Deshantri. According to complainant when he reached in the house of his brother Tikam Singh, the door of the house was found opened and outside the kitchen, my brother Tikam Singh was sleeping, and accused appellant Narsinga Ram was standing there, having an iron weight ckV in hand in his presence threw the said iron weight on the head of Tikam Singh, however, when complainant tried to rescue, on seeing him the accused appellant ran away from the place of occurrence. The complainant further stated that due to head injury blood came out from nose, ear and mouth and Tikam Singh died on the spot. It was further stated that Tikam Singh was residing in the rented house with Sita Bhilni, who was out of home on the date of occurrence. In the house, Puro, daughter of Sita, and son, Chunaram, were present and on hearing the hue and cry, they woke up and complainant immediately went to the house of neighbour Vakaram to give information of the incident.

(3.) For ready reference, Ex.P/16 written report submitted under the thumb impression of complainant is reproduced herein below:- ...[VERNACULAR TEXT OMITTED]...