LAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge, No. 2, Jodhpur dated 26 -8 -1976 where by he has convicted the accused under Sections 302, 307 and 324 I.P.C. and sentenced him to life imprisonment, 4 years rigorous imprisonment and 1 years's rigorous imprisonment respectively. All the sentences were directed to run concurrently.

(2.) THE facts giving rise to this case are that Om Prakash PW 1 complainant used to drive the taxi of accused Lal Singh. In the early January, 1976 an accident with his taxi took by Om Prakash. Om Prakash got the taxi repaired and delivered it to accused Lal Singh and also handed over the accounts of this taxi to the father of the accused Lal Singh. He stopped driving tie taxi of accused Lal Singh. On January 17, 1976 at about 7.30 a.m. Om Prakash along with deceased Tijendra Singh was sitting at the shop of PW 2 Madan Lal's Hair Dresser shop at Chopasani Road. At that time accused Lal Singh came there and picked up quarrel with Om Prakash on account of the taxi. The accused and Om Prakash came out from the shop of Madanlal. Soon after coming from the shop the accused wiped out a knife from his pocket and assaulted Om Prakash. Om Prakash received injuries on his neck and he fell down on the ground. Accused Lal Singh wanted to assault him second time at that time Tijeddra Singh came out from the shop and intervened in between, at that time the assault of Lal Singh with the knife struck in the stomach of Tijendra Singh, is a result of this he fell down on the ground. Meanwhile Om Prakash PW 1 escaped from that place. He was chased by Lal Singh at some distance. One Karansingh also tried to prevent the accused he also received injuries. Om Prakash could manage to reach his house. Tijendra Singh injured was immediately removed to the Hospital. The police was also informed on telephone. The Station House Officer Police Station, Sardarpura reached at the Hospital and there he found Om Prakash who has also received injuries and on the basis of the information given by Om Prakash a First Information Report was got written and thereafter sent for registration at Police Station, Sardarpura. Thereafter the accused Lal Singh was charged under Sections 307 and 326, 1PC. Injured Tijendra Singh was also admitted in the hospital and injuries of PW 1 Om Prakash were also examined. Injured Tijendra Singh expired on 19 -1 -1976 at 4.50 a m. in the Hospital. His body was sent for post mortem and there after the accused was also charged under Section 302 I.P.C. The police took up the necessary investigation, prepared the site inspection memo as well as took the blood stained hand from the place of occurrence The accused was arrested on 24 -1 -1976 and on 25 1 -1976 he gave an information which led to the recovery of the knife. His blood stained clothes were also seized. After close of the investigation the accused Lalsingh was charged under Sections 302, 307 and 324 I.P.C. and sent for trial to the learned Sessions Judge.

(3.) WE have heard learned Counsel for the appellant and the learned Public Prosecutor at length and have also perused the record. Mr. Purohit, learned Counsel for the appellant has challenged the testimony of PW 1 Om Prakash, who is said to be a lone eye -witness as the other eye -witnesses have turned hostile. Learned Counsel submitted that since Om Prakash is the only eye -witness of the whole incident, unless his testimony is of sterling worth the accused cannot be convicted. Learned Counsel has pointed out that this Om Prakash is not a reliable witness and the incident has not taken place as mentioned by him. Learned Counsel has submitted that as suggested by the defence Om Prakash was armed with a knife and there was a scuffle between Om Prakash and the accused Lal Singh, Tijendra Singh came to intervene and during the scuffle injury was caused to Tijendra Singh.