STATE OF RAJASTHAN Vs. GURCHARAN SINGH

JUDGEMENT

(1.) The State of Rajasthan has taken this appeal under Sec. 378 CrPC challenging the judgment dated 23.11.1982 passed by the learned Additional Sessions Judge, Raisinghnagar whereby he acquitted Gurcharan Singh of the offence under Sec 302 IPC.

(2.) Dalip Singh lodged first information report Ex.P. 1 on 23.9.1981, stating therein that his son Gurubaksh Singh had left his village on Monday to go to his maternal-uncle Karnail Singh who resided in Chhota Lalpura but he did not return. When Karnail Singh Came to his Dhani he enquired about Gurubaksh Singh on which Karnail Singh informed that Gurubaksh Singh did not go to him. He and Karnail Singh made search of Gurubaksh Singh. It was further stated that Kala Singh informed him that on Monday he saw Gurubaksh Singh and Gurucharan Singh (accused) on the head of the canal at about 11 p.m. On receiving this information they went towards the head of the canal and there one Kashmir told them that the dead body was lying in Baurwala Minor. On this they along with Diwan Singh went to Gurucharan Singh who on asking admitted that he had murdered Gurubaksh Singh as he used to tease his sister Jogendro. On this report a case under Sec. 302 IPC was registered. The police arrested the accused and recovered at his instance a 'Kassi'. His shirt was also recovered on the disclosure statement made by the accused. The post-mortem examination was done by Dr. Surendra Mohan Sharma, PW. 10. He prepared the report. Ex.P. 15. The Doctor found that there were fractures of skull bone- and proximal phalnx of right thumb. The cause of death given by the Doctor was the fracture of skull bone. After the completion of the investigation, the police submitted a challan.

(3.) Accused denied the charge and claimed trial. Prosecution examined Sujan Singh, PW. 1 , Prem Singh, PW. 2,'. Kala Singh, PW. 3, Jawahar Singh1, PW. 4, Dalip Singh, PW. 5, Kashmir, PW. 6, Karnail Singh, PW. 7, Ramlal, PW. 8, Diwan Singh, PW. 9, Dr. Surendra Mohan Sharma, PW. 10 and Ummed Singh, PW. 11. Accused an his statement under Sec. 313 CrPC denied the recovery of articles at his instance. He also denied that he ever confessed his guilt. The learned Additional Sessions Judge found that Gurubaksh Singh had met homicidal death. He further found that the prosecution had failed to bring home the guilt of the accused. He did not believe the extra judicial confession. The recovered Kassi' was not sent for chemical examination as also recovered shirt was not found stained with blood, therefore, the learned Additional Sessions Judge held that this evidence was of no consequence against the accused. Eventually he acquitted the accused- respondent. Hence, this appeal.