GURU DAYAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by the accused appellant against the judgement dated 31 -10 -1981 passed by the learned Additional Sessions Judge, No. 1, Hanumangarh where by he convicted the accused appellant under section 302 IPC and sentenced him to life imprisonment.

(2.) THE facts giving rise to this case are that the accused is a resident of Chak Uttamsingwala. Mst. Prasanna Kaur, wife of the accused, was a habitual drunkard. On 28 -12 -1980 at about 2 p.m. when the accused appellant was alone with his wife at his house he murdered his wife with a Takua, a sharp edged weapon, by giving the blows with that Takua on her neck and other parts of the body as a result of which she died. PW 4 Bugar Singh who is 12 years of age, son of the accused when returned from his school found that his mother Mst. Prasanna Kaur was lying dead and he also went to wards PW 3 Daljeet Singh's Dhani, PW 4 Bagar Singh informed that his father was running from his house and was informed about this incident to PW 5 Naka Singh and his brother Deep singh. Meanwhile, the accused want to the house of PW3 Daljeet singh where PW6 Nichhatrasingh was also present and the accused confessed before them his guilt that he has killed his wife as she was a habitual drunkard. PW 3 Daljeet Singh and PW 6 Nichhatra Singh reprimanded the accused and asked the persons who were sitting with them to keep a watch over the accused and they proceeded to the police station Hanumangarh to report about the incident. They informed PW 9 Richhpal Singh about the incident and filed a written First Information Report Ex. P 2. On the basis of this First Information Report a case under section 302 IPC was registered against the accused and investigation was taken up by the Deputy Superintendent of Police PW 2 Ranjeet Singh. He reached the scene of occurrence and saw that the deceased was lying in a pool of blood and a Takua was also found nearby the deceased. The body of the deceased was taken into custody, inquest report was prepared, site -plan was also prepared of the scene of occurrence and the Takua was seized from the scene of the occurrence. After close of investigation, the accused was sent for trial under section 302 IPC before the learned Additional Sessions Judge, No. 1, Hanumangarh.

(3.) LEARNED trial Judge, after holding the trial found that the extra judicial confession made before PW 3 Daljeet Singh and PW 6 Nichhatra Singh as reliable and convicted the accused appellant under section 302, IPC.