DHARMENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TWO nephews of Babu (deceased) viz. Dharmendra Singh and Nepal Singh, appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) No. 1, Bharatpur on the allegation of committing murder of Babu. Learned Judge vide judgment dated April 18, 2003 convicted and sentenced them under section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for one month.

(2.) BRIEF facts necessary of this appeal are as follows : Siya Ram had four sons namely Chet Ram, Babu, Biri Singh and Balbir. Since whereabouts of Biri Singh were not known for the last 20 years, agricultural land belonging to Siya Ram was divided in three parts and Chet Ram, Babu and Balbir each had a share of 13 bighas of land. Babu remained unmarried throughout. Chet Ram and Balbir had three and four sons respectively. About six years back Babu adopted Chet Ram's son Rajendra Singh, who used to plough 13 bighas of land of Babu's share and looked after Babu. Since Rajendra Singh became the patient of T. B. , Babu decided to sell a part of his land in order to arrange money for the treatment of Rajendra Singh. On October 24, 2002 Babu came back to his village Kumher from Borai. Rajendra Singh arranged for his food and Babu ate his dinner around 8 P. M. and thereafter slept in the corridor. On October 25, 2002 at 5 AM when Anjani wife of Rajendra Singh went to serve tea to Babu he was found killed. Rajendra Singh then handed over written report at Police Station Kumher at 7 AM on October 25, 2002. In the report Rajendra Singh stated that Dharmendra S/o Balbir Singh and Balbir S/o Siya Ram could be the culprits. On that report a case was registered under sections 302 and 456 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 Additional Sessions Judge (Fast Track) No. 1, Bharatpur. Charge under section 302 IPC was framed against the accused, denied the charge and claimed trial. The prosecution in support of its case examined as many as 24 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) IN order to test the findings of learned trial court when we look at the evidence adduced by the prosecution at the trial we notice that Ramniwas IO (Pw. 23) conducted the investigation of the case. He arrested appellant Nepal Singh on October 26, 2002 vide memo Ex. P-5 and on the basis of his disclosure statement (Ex. P-32), Gandasa which was found lying behind Godrej Almirah in the residential house of Nepal Singh, got recovered vide memo Ex. P-8. The recovery was effected in presence of chetram (Pw. 3) and Jaggo (PW. 6 ). Thereafter on the next day Benta (wooden handle of Gandasa) was recovered vide memo Ex. P-10. Appellant Dharmendra Singh was arrested on October 26, 2002 vide memo Ex. P-14 and on his informations (Ex. P-34 and Ex. P-35) recorded under section 27 of Evidence Act Gandasa and its wooden handle, kept in a Bori (Bag) in the residential house of Dharmendra got recovered vide memos Ex. P-9 and Ex. P-11. The recovery was effected in presence of Chet Ram (Pw. 3) and Jaggo (PW. 6 ). The INvestigating Officer admitted to have visited the house of Dharmendra where he found his parents, brothers and sisters residing in the house. IN the house of Nepal Singh also at the time of recovery of weapon, his father was found in the house. Chet Ram (PW. 3) and Jaggo (PW. 6), who were motbirs of recovery of Gandasas and wooden handles, did not support the prosecution case and they were declared hostile.