GOPAL SINGH Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) FLOOD of troubles entered the house of Ram Dayal in the odd hours of night of February 10, 2002 while he was sleeping with his family members. Dacoits with mask on, broke open the gate, killed Ram Dayal, gave beating to women and snatched their ornaments. As many as nine accused including appellant gopal Singh were nabbed for the said dacoity and put to trial before learned Sessions judge Karauli. Learned Judge vide judgment dated July 14, 2006 while acquitting co-accused persons, convicted and sentenced appellant Gopal Singh as under :-

(2.) THE prosecution story runs as under on February 10, 2002 at 6. 15 a. m. informant Sonu (P. W. 1) handed over a written report (Ex. P-1) at Police Station mandrayal to the effect that around 2. 30 a. m. in the preceding night while he was sleeping in the room along with his brothers and sisters, he suddenly woke up by the noise of shutter of his room. He saw Gopal singh (appellant), who inflicted knife blow just below his left eye. Gopal Singh snatched earrings and nose-pins and inflicted knife blows on the person of his sisters Asha and rubi. Thereafter Gopal Singh went upstairs where 5-6 miscreants were already there. They gagged the mouth of his uncle ramdayal and squeezed his neck as a result of which he died. On that report a case was registered under Section 460, IPC and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Sessions Judge karauli. Charges under Sections 458, 359, 395, 396 and 397, IPC were framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Sec. 313, Cr. P. C. the appellant claimed innocence. Three witnesses in support of defence were examined. Learned trial Judge on hearing final submissions while granting benefit of doubt to co-accused persons, convicted and sentenced the appellant as indicated herein above.

(3.) DEATH of Ramdayal was undeniably homicidal in nature. As per post-mortem report (Ex. P-41)following ante-mortem injuries were found on the dead body :-