GOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal of the accused from jail against his conviction under Section 302 IPC and sentencing him to life imprisonment and a fine of Rs. 100/ - and in default of payment of fine to further undergo one month's rigorous imprisonment.

(2.) THE facts giving rise to this case are that deceased Damaram was living with Keshuram in 62 R.D. Accused Gopal Singh, deceased Damaram and Keshuram are the employees of the Rajasthan Canal Project, Anoopgarh Branch. On 8 -7 -1980 in the evening deceased Damaram along with accused Gopalsingh went to 62 RD at the house of Keshuram. There they took their food and afterwards laid down their cots in front of their hut and slept separately on the three cots. Deceased Damaram while sleeping at the cot was listening the radio. This was objected by Keshuram as he was suffering from fever. But on refusal by Damaram to stop playing with the radio Keshuram took away his cot about 10 to 11 feet away and slept there. The keys of the hut were with Gopalsingh accused. At about 11 p.m. in the night some sound was heard that woke up Keshuram and he saw that accused Gopalsingh was standing near the cot of deceased Damaram and he was armed with Kassi. Keshuram asked the accused Gopalsingh that what he is doing then Gopalsingh shouted that 1 have already killed one person and if he comes near he will be dealt with as well Thereafter the accused Gopalsingh went to the hut and Keshuram went near the cot of the deceased Damaram and found that Damaram was lying in a pool of blood and blood was oozing from his neck. Accused Gopalsingh meanwhile came out with his attaches and Kassi and he left that place. Keshuram immediately rushed to one Palluram whose house was about 150 feet away from their hut and he informed Palluram about the whole incident. After that they went to inform other officials. Palluram and Keshuram went to one Nathuram and he was also informed about the incident Thereafter all the three, namely, Keshuram, Palluram and Nathuram went to Vijay Kumar an another employee of the Rajasthan Canal Project and he was also informed about the incident. Vijay Kumar informed the Overseer concerned and thereafter all went to 62 RD. Thereater, a First Information Report was filed by Vijay Kumar at Police -Station Suratgarh on 9 -7 -1986 at 5 a.m.

(3.) DURING the course of trial, the prosecution examined as many as 11 witnesses and the accused in his defence examined two witnesses. The learned Additional Sessions Judge after the close of trial found the accused guilty under Section 302 IPC and sentenced him to life imprisonment and a fine of Rs. 100/ - and in default of payment of fine to undergo one month's rigorous imprisonment.