KALYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals have been preferred against the judgment of Sessions Judge, Jhalawar, dated 8th July, 1986 convicting the accused -appellant under Sections 302, 326 and 449, IPC. and sentencing him to imprisonment for life and a fine of Rs. 50/ -, and in default of payment of fine to further undergo one month's rigorous imprisonment, for offence under Section 302, IPC to 7 years' rigorous imprisonment and a fine of Rs. 50/ -; and in default of payment of fine, to further undergo one month's rigorous imprisonment, for offence lender Section 326, IPC; and to 7 years' rigorous imprisonment and a fine of Rs. 50/ -, and in default of payment of fine, to further undergo one month's rigorous imprisonment, for offence under Section 449, IPC. All the sentences of imprisonment awarded to the accused -appellant, were, however, ordered by the learned Sessions Judge, to run concurrently.

(2.) APPELLANT Kalyan Singh has filed D.B. Cr. Jail Appeal No. 322/86, through the jail authorities, while D.B. Cr. Appeal No. 496/86 has been filed by him in represented capacity.

(3.) ON the above report, a case under Section 302, 307, 452 and 325, IPC was registered. During investigation, the police prepared a site -plan (Ex.P 2). On 23rd March, 1984 in presence of the Panchas of the village Panchayat and Parbat Singh, the informant of (he FIR (Ex.P 1), an inquest -report (Ex P 3) was prepared. Plood stained soil from the place where Bheru Singh was lying dead, was seized vide memo (Ex.P 4) and (Ex.P 5). The broken teeth of Msf. Sajjan Kanwar, were also recovered vide memo (Ex.P 6). The accused w as arrested, who then gave information that he had kept the knife with Dhan Singh. Then, the investigating officer on 9th July, 1985, recovered the knife, vide recovery -memo (Ex.P 8), from the possession of Dhan Singh. The said knife vas banded over to the police by Dhan sing himself. Post mortem examination on the dead body was conducted by Dr. R.C. Dubey PW 7, in whose opinion, the cause of death was the head -injury, heamorrhage and coma. The doctor also examined the injuries of Mst. Sajjan Kanwar. After completing the usual investigation, the police f submitted a challan against the accused.