MANOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Sessions Judge, Udaipur dated February 19, 1977 by which appellant Manohar Singh was convicted under Section 302 IPC and sentenced to imprisonment for life.

(2.) BRIEFLY stated, the prosecution case is that Laxman Singh PW 5 appeared at Police Station Mavli, District Udaipur at about 7.00 a.m. on 29 -6 -1974 and presented written report Ex.P. 13. It was stated therein that in the preceding night, his brother Mohabbat Singh was sleeping on a cot in his house. Some unknown persons intruded into the house and caused the murder of Mohabbat Singh by inflicting blows with a sharp edged weapon like sword or axe. The police registered a case and proceeded with the investigation. Head Constable (Police) Jayanti Lal PW 11 arrived on the spot, inspected the site and prepared the site plan. He also prepared the inquest report of the dead body of Mohabbat Singh. The blood -stained clothes of the deceased were seized and sealed. Post mortem examination of the victim's dead body was conducted at about 11.30 a.m. on the same day by PW 2 Dr. Krishan Kumar Agrawal the, then Medical Officer in -charge Government Dispensary, Mavli. The Doctor noticed three incised wounds on the victim's dead body. In the opinion of Doctor Agrawal, the cause of death was sudden shock and excessive hemorrhage, with cutting of cervical spinal cord and Trachea, due to wounds in the neck, caused by heavy sharp edged weapon. The post -mortem report prepared by the Doctor is Ex.P 2. The accused was arrested by the Investigation Officer on 7 -7 -1974 vide arrest memo Ex.P 10. In consequences of the information furnished by the accused on 8 -7 -1974 to the Investigation Officer, one sword (Article 1) was recovered lying concealed in the bushes. It was seized and sealed. The sword had stains of blood on it. The clothes of the accused and the sword were sent for chemical examination to the Chemical Examiner, Rajasthan and the Serologist, Calcutta. Human blood was found on all of them.

(3.) WE have heard the learned Counsel for the appellant and learned Public Prosecutor. We have also gone through the case file carefully.