PALA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Patla Singh was tried for offences under Sections 449 and 302 of IPC along with Kala Singh and Mst. Bobo by Additional Sessions Judge No. 2, Sriganaganagar.Mst. Bibo was acquitted while Kola Singh was convicted for offence under Sec. 323 IPC and sentenced to the period already undergone. But Pala Singh was convicted under Sec. 302 IPC and sentenced to life imprisonment and a fine of Rs. 500/- and in default to further undergo four months S.I. It is against this conviction and sentence that Pala Singh preferred this appeal.

(2.) The case of the prosecution, in nut shell, is that on 10-7-91 Smt. Channo Devi wife of Bhika Ram who was admitted in Government Hospital, Sriganganager, gave a Statement to a police officer alleging that Pala Singh was her neighbour Smt. Bibo wife of Pala Singh used to abuse her. On 10-7-91 Smt. Bibo had a quarrel with Channo Devi, therefore, the terms were inimical. Bhikaram, the husband of Channo Devi, returned after work in the evening and took a bath. A coat was placed on the roof of the room and Smt. Channo Devi and her husband were sitting there at about 9 or 9.30 p.m. Kishanlal, Balo Bai and Rukma were also present. At that time Pala Singh came infront of their house and abused Smt. Channo Devi. He threatened that Channo Devi will be killed as she had abused. The persons who were present, came down-stairs. Bhikaram requested Pala Singh not to abuse. Then Pala Singh, Bibo and Kala Singh entered into the house of Channo Devi. Pala Singh was armed with a Gandasi. He inflicted a Gandasi blow on Bhikaram saying that he may be killed today. Bhikaram fell down as blood had started coming from his head. Pala Singh also gave beatings to Bhikaram with sticks. Bibo gave beatings to Smt. Channo Devi. It were Kishanlal and Balo Bai who intervened. Bai also suffered some injuries. Kishanlal called Inder Raj from Dhani. By that time Bhikaram had he come unconscious. Inder Raj and Kishanlal took Bhikaram to Government Hospital, Sriganganagar. By that time Bhikaram died.

(3.) The FIR No. 63/91 was registered under Sections 452, 302, 397/34 IPC at Police Station Matili Rathan Distt. Sriganganagar. During the investigation postmortem of Bhikaram was conducted by PW-4 Dr. K. N. Markandey. Site plan Ex. P/8 was prepared which shows that abuses were hurled at place 'A' which is infront of the house of Smt. Channo Devi. It is also the place where occurrence took place. Blood smeared soil as well as control soil was seized from the place of occurrence. Blood stained shirt and Bhikaram was also seized. Accused appellant was arrested on 11-7-91. On 14-7-91 he gave an information that he would get the Gandasi recovered. It was recorded as Ex. P/18. Gandasi was recovered at his instance on 15-7-91. It had some blood stains. After due investigation challan was presented and the appellant was committed to the learned Sessions Judge along with co-accused persons. He was tried for offences under Sec. 449 and 302 IPC. Learned Sessions Judge acquitted him of the charge for offence under Sec. 449 IPC but convicted for offence under Sec. 302 IPC for murder of Bhikaram and sentenced as stated above.