KALI ALIAS KALA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the conviction and sentence of the accused appellant Kali alias Kala Singh under Section 302 and 449 IPC passed by the learned Additional Sessions Judge No. 1, Hanumangarh by his judgment dated 15 -5 -1982 whereby accused Kali alias Kala Singh has been convicted under Sections 302 and 449 IPC and sentenced to life imprisonment on the first count and 7 years rigorous imprisonment and a line of Rs. 50/ - and in default of payment of fine to further undergo 15 days rigorous imprisonment under the second count. Both the sentences were directed to run concurrently.

(2.) THE facts giving rise to this case are that the accused Kali alias Kalasingh and Resham Singh were charged under Section 302 and 449 read with Section 34 IPC. A First Information Report Ex.P 3 was lodged by PW 4 Rangasingh at police station Tibi on 7 -7 -1981 at 9 a.m. It was stated there in that Mst. Ako Bai PW 5 daughter of deceased Shankar Singh resident of Surewala came to him in the morning of 7 -7 -1981 and informed him that both the accused demanded their money from deceased Shanker Singh which was due from him on account of liquor. Shankar Singh informed them that he will pay the money shortly. This incident took place on 6 -7 -1981 in the morning near the Rajasthan Canal. In the evening both the accused persons came to the house of Shanker Singh and again demanded the money. This was also witnessed by PW 12 Mst. Banji Bai sister of deceased Shanker Singh who had come to fetch milk from her house. At that time also Shanker Singh assured them that he will return the money. Both the accused left the house of deceased Shanker Singh while herling abuses and threatened him. At night when deceased Shanker Singh along with his daughter Ako Bai after taking their food slept besides each other on their cots both the accused Kali alias Kala Singh armed with iron sabal along with Resham Singh came there, accused Kali gave a sabal blow on the head of the deceased Shanker Singh, as a result he died instantaneously. On account of this commotion PW 9 Ako Bai daughter of deceased Shanker got up and saw both the accused. The accused ran away from that place. Because of late night she was frightened therefore she could not move out from the house. But in the morning at about 6 or 6.30 a.m. she went to her relation PW 4 Ranga Singh and informed him about the incident. PW 4 Ranga Singh filed FIR at P.S., Tibi and police registered a case and thereafter took up the investigation. The police reached on the scene of occurrence, seized the dead body of deceased and prepared the necessary inspection memos. Both the accused persons namely Kali alias Kalusingh and Resham Singh were arrested. One sabal was got recovered at the instance of accused Kali alias Kala Singh. A case under Section 302 and 449 read with Section 34 IPC was registered against both the accused persons and after the close of the investigation the accused persons were sent for trial. Thereafter the case was committed to the court of Sessions for trial. The prosecution examined 13 witnesses and got large number of documents exhibited. The plea of the accused was of total denial.

(3.) MR . Arora, learned for the appellant streneously urged that in this case there is a single eye -witness namely PW 9. Ako Bai daughter of deceased Shanker Singh and her testimony is not trust worthy. Learned Counsel further submitted that on the testimony of Mst. Ako Bai learned Additional Sessions has acquitted the co -accused Resham Singh for the offences under Section 302 as well as 449 IPC. Therefore, her testimony has been rejected in part. Learned Counsel also argued that the prosecution has not come with clean hands as the learned Additional Sessions Judge has found the recovery of sabal unreliable. Learned Counsel has taken us to the statement of PW 9 Ako Bai tensively and submitted that there are material contradictions in the statement of PW 9. In her police statement she has not stated whether Kali alias Kala Singh has given a blow on the head of Shanker Singh.