RAJA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant Rajaagainst the judgment and order dated 31.3.2003 passed by the learned Addl. Sessions Judge, Sangaria in Sessions Case No.23/2003(36/2001) by which the court below convicted the appellant Raja Singh under Section 302 IPC and sentenced him to undergo life imprisonment with fine of Rs.1,000/- and in default of payment of fine, to further undergo six months' rigorous imprisonment.

(2.) As per the prosecution case, an oral report was given by PW-1 Tej Singh s/o Puran Singh, father of accused Raja Singh and deceased Jeet Singh on 26.5.2001 at 11 p.m.. This report was submitted in the presence of one Narendra Kumar Godara (PW-11) which was recorded as Ex.P.1. On the basis of this report, a case No.294/2001 was registered under Section 302, IPC.

(3.) The complainant Tej Singh stated that he had two sons, Raja Singh and Jeet Singh. Raja Singh was living separate from him and his family members, whereas Jeet Singh was living with him. In between the houses of the complainant and the accused Raja Singh, there was a wall of 4 ft only. Raja Singh was also accused in a case of murder of complainant's brother Suba Singh, however, he was acquitted by the court from the charge of murder. Raja Singh and Jeet Singh had dispute for share in the complainant's plot. Raja Singh used to demand the share in the complainant's (father's) plot and insisting for raising a wall to separate the portion. The complainant, the father of accused Raja Singh told him that they may divide the plot after his and his wife's (mother of accused) death. It is stated that because of that reason the quarrel was going on for long. On the unfortunate day, i.e. 26.5.2001 at about 8 p.m., Raja Singh again started quarrelling for the same purpose. During this quarrel, the complainant said to Raja Singh that till I am alive, do not divide the portion. At that time, the complainant's another son Jeet Singh came on the spot and when Raja Singh started abusing then Jeet Singh went in the house of Raja Singh to stop him from abusing. The complainant and his wife immediately went to save Jeet Singh as Raja Singh caught Jeet Singh. Raja Singh, at that time, inflicted a grave injury on the chest of Jeet Singh by Gupti. Jeet Singh tried to move out from the house of Raja Singh and fell down in the lane of the house of the complainant and Raja Singh and Raja Singh ran away from the place of occurrence. The complainant and his wife started weeping, upon which the neighbours including complainant's uncle's son Mukand Singh and the cousin Sikandar Singh came on the spot. He told about the incident to those persons and sent for calling Sarpanch Mala Singh. He also told the Sarpanch about the incident. Thereafter, living Mukand Singh behind with the dead body, the complainant with Sarpanch Mala Singh, went to the police station for giving information to the police. After registering the case, during investigation, the investigating officer PW-11 Narendra Kumar Godara, took the sample of soil from the spot vide Ex.P.2 and recovered the Chappal and turban of deceased from the spot and prepared seizure memo Ex.P.3. The deceased's clothes were also seized and seizure memo Ex.P.4 was drawn. The articles were put in a sealed cover. The site sketch map Ex.P.5 was prepared in the presence of the witnesses Mala Singh and Manphool and site report Ex.P.5A was also prepared. The statements of the witnesses were recorded, photos were taken of the site. Thereafter, Jeet Singh's body was sent for post-mortem, after preparing the memo for taking possession of the dead body in the presence of the witnesses. The post-mortem report was obtained. After 10 days, the accused Raja Singh was arrested on 5.6.2001. The accused gave information under Section 27, Evidence Act (Ex.P.6) and the Gupti was recovered from the iron-box of the accused-appellant which was lying in the house of the accused-appellant. The Gupti was blood stained and was sent for chemical examination to the FSL from where report was obtained. As per the FSL report (Ex.P.3), the blood soil, the deceased's chappal and turban, shirt and trouser and the Gupti, which were recovered from the accused had human blood of Group-A.