BHAGAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal appellant Bhola has challenged his conviction under Sec. 302. IPC and sentence of imprisonment for life with a fine of Rs. 1,000 recorded by the learned Addl, Sessions Judge No. 2. Hanumangarh,.

(2.) The prosecution case was that on the night intervening 17-9-78 and 18-9-78 Gurdeo Singh (deceased) was sleeping on the cot outside a liquor shop. Santosh Kumar, Servant on the liquor hop was sleeping in the shop. He heard the cries of Gurdeo Singh and when he got up he saw accused Bhola alias Bhagat Singh inflicting. Gandasi blows to Gurdeo Singh. He also saw Brijlal standing there. Santosh Kumar tried to, intervene but he was threatened to he killed. After giving beatings to Gurdeo Singh the two assailants left the place of occurrence Santosh Kumar came out and found that Gurdeo Singh was alive. He was lying on the ground. Santosh Kumar put him on the cot and proceeded to inform Bhura Singh, brother of the deceased. Bhura Singh along with Gurtej Singh, Sarpanch went at the place of occurrence but by that time Gurdeo Singh had died. The first information report was lodged in the early morning of 18-9-78 on which a case was registered. The police inspected the site, interrogated the witnesses, got the post-mortem examination done, arrested a accused and at his instance recovered a "Gandasa". After the completion of the investigation, a challan was submitted against 5 persons.

(3.) The learned Sessions Judge framed charge under Sec. 302, IPC against appellant Bhola and u/S.302 read with 34 against Brijlal but discharged three others. The prosecution examined PW l Dr. S.P. Jakhad, PW 2 Bhoora Singh, PW 3 Santosh Kumar, PW 4 Roshanlal, PW 5 Angrez Singh, PW 6 Devilal, PW 7 Gurtej Singh, PW 8 Jiwan Singh and PW 9 Bhanwarlal. Accused in their statements denied the correctness of the statements of the prosecution witnesses. The case set up by the accused Bhola was that because of the enmity he has been falsely roped in the case. The learned Sessions Judge found that Gurdeo Singh had met homicidal death. He did not accept the prosecution case that Brijlal was also involved in the matter. He, however, found charge against Bhola proved and, therefore, convicted and sentenced him.