OM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Sessions Judge, Churu by his judgment dated 31-3-1993 has convicted the accused-appellant for the offence u/S. 302, IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 200/-, in default whereof to undergo rigorous imprisonment for three months.

(2.) The prosecution case, as revealed during the trial, may be stated as follows. On 19-7-1992, at about 5.30 p.m., Samundra Singh was ploughing his field situated in Jasrajsarohi. His mother Mst. Bhanwari (PW 1) and his son Babu Singh (PW 9) were also there. It is alleged that the accused, who is the younger brother of deceased Samundra Singh, came there and there was some altercation between the deceased and the accused-appellant with regard to the partition of the land. The accused got enraged and dealt a kassia blow on Samundra Singh's head followed by several blows on his body as a result of which Samundra Singh fell down. Mst. Bhanwari immediately came to the rescue of Samundra Singh and wrested kassia from the hands of the accused. The accused thereafter, left the field after taking the kassia with him. Babu Singh immediately rushed to his uncle Bhopal Singh (PW 5) who was working in his field which was two fields away from the place of occurrence. Babu Singh informed Bhopal Singh that his father Samundra Singh is to be carried in a cart. Thereupon, Bhopal Singh (PW 5) along with Durga Singh, Thanaram and Hansraj reached the place of occurrence and saw Samundra Singh lying on the lap of his mother Bhanwari. Samundra Singh's head was bleeding profusely and he had several injuries on his person. He was also having laboured breathing. When Bhopal Singh asked Bhanwari as to what had happened, Bhanwari replied that Om Singh assaulted Samundra Singh on account of some dispute regarding partition of land. Bhopal Singh and other persons put Samundra Singh in a camel cart and brought him to the village. Samundra Singh expired after reaching the village. Bhopal Singh then went to the Police Station, Ratan Nagar and lodged the FIR Ex. P-5 on the same day at 10.30 p.m. The In charge, Police Station registered a case under Section 302, IPC and Section 447, IPC and started investigation. Bhilaram (PW 16) reached the house of Samundra Singh and in the morning prepared the report Ex. P-7 and seized and sealed the blood stained clothes of deceased Samundra Singh and prepared seizure memo Ex. P. 18. He also sent a letter for conducting post-mortem on the dead body of Samundra Singh. Dr. Hanuman Singh Rathore (PW 15) conducted the post-mortem and found the injuries as mentioned in post-mortem report Ex. P-16. All the injuries were ante-mortem in nature and Samundra Singh was found to have died on account of shock and haemorrhage resulting from multiple injuries. The dead body was handed over to the kith and kin of Samundra Singh. Lakhmir Singh inspected the site and prepared site plan Ex. P-13. The accused was arrested by him. While in police custody, the accused made a disclosure statement to the effect that he had buried kassia (iron portion) near the khejri tree in his field and the wooden part of kassia was also concealed there. The information is Ex. P-19. Pursuant to the above information under Section 110 Evidence Act, the accused led the Investigating Officer to his field and got the kassia recovered from his field. The iron portion of the kassia was found to be stained with blood. The Investigating Officer sent the blood stained clothes of the deceased as also the kassia to the State Forensic Science Laboratory, Jaipur. Report Ex. P-20 was received from the State Forensic Science Laboratory, Jaipur. According to this report, all the blood stained clothes of the deceased and the kassia were found to be stained with human blood and the group of the blood of all the above articles was 'B'. The Investigating Officer also recorded the statements of the witnesses under Section 161, Cr. P.C. After collecting the above incriminating evidence against the accused, a charge-sheet was laid before the learned Munsif Magistrate, Churu who committed the accused to the Court of learned Session Judge. The learned Sessions Judge, framed charges under Sections 302 and 447, IPC. The accused pleaded not guilty to the above charges. The prosecution examined as many as 19 witnesses. In his statement under Section 313, Cr. P.C., the accused denied to have committed the murder of his brother Samundra Singh and alleged that at the alleged time he was at his house. No defence evidence was produced.

(3.) The learned Sessions Judge, after considering the prosecution evidence, held that the death of Samundra Singh was homicidal in nature and from the statements of the witnesses it was proved beyond all reasonable doubts that the accused inflicted the injuries as mentioned in the post-mortem report Ex. P-16 and the above injuries were sufficient in the ordinary course of nature to cause death. The learned Sessions Judge discussed the evidence of the hostile witnesses and came to the conclusion that they are not telling the truth. Bhanwari in particular was attempting to save his another son, the accused-appellant. Bhopal Singh also turned hostile as he is the real uncle of the accused-appellant and the deceased. Learned Sessions Judge found the statement of child witness Babulal son of the deceased trustworthy. He observed that his statement stood corroborated by the statements of other prosecution witnesses. The recovery of kassia along with wooden portion of it was held to be proved which was made in pursuance of the information furnished by the accused under Section 27, Evidence Act. The report of the Forensic Science Laboratory Ex. P. 20 also corroborated the prosecution case. He, however, did not find the offence under Section 447, IPC to be proved against the accused. He, therefore, held the accused guilty for the offence under Section 302, IPC and sentenced as above.